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PHILLIPS WAY, INC. v. AMERICAN EQUITY INS. CO.

No. 594, Sept. Term, 2001.

795 A.2d 216 (2002)

143 Md. App. 515

PHILLIPS WAY, INC. v. AMERICAN EQUITY INSURANCE COMPANY.

Court of Special Appeals of Maryland.

April 2, 2002.

Attorney(s) appearing for the Case

William M. Huddles and Kenneth K. Sorteberg (Huddles & Jones, P.C. on the brief), Columbia, for appellant.

James W. Bartlett, III (Scott M. Trager and Semmes, Bowen & Semmes on the brief), Baltimore, for appellee.

Argued Before MURPHY, C.J., SALMON, JOHN J. BISHOP, JR. (Ret., Specially Assigned), JJ.

SALMON, Judge.

The dispute that we must resolve arises out of a professional liability insurance policy that contains a "no-action" clause. The clause reads as follows:

ACTION AGAINST COMPANY

No action shall be maintained against the Company by the Insured to recover for any loss under this Insurance Policy unless, as a condition precedent thereto, the Insured shall have fully complied with all the terms...

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