NESBIT v. GEICO

No. 131, Sept. Term, 2003.

854 A.2d 879 (2004)

382 Md. 65

Richard NESBIT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY.

Court of Appeals of Maryland.

July 23, 2004.


Attorney(s) appearing for the Case

Todd L. Schuler (Mark C. Miller, William J. Blondell, Jr., Chtd., Baltimore, on brief), for petitioner.

Frank F. Daily (Cynthia Dietz Spirt, Law Offices of Frank F. Daily, P.A., Hunt Valley, Andrew Janquitto, Mudd, Harrison & Burch, Towson, on brief), for respondent.

James S. Wilson, Joan F. Brault, Brault, Graham, Scott & Brault, LLC, Rockville, brief of Amicus Curiae Property Casualty Insurers Association of America, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE, JJ.


GREENE, J.

On February 7, 2003, Richard Nesbit ("Nesbit") was injured in an automobile accident. Nesbit attempted to recover personal injury protection ("PIP") benefits from his insurer, Government Employees Insurance Company ("GEICO"). GEICO rejected the PIP claim because Nesbit had no PIP coverage, having signed a PIP waiver on June 15, 1998. Nesbit sued GEICO in the District Court of Maryland sitting in Baltimore County. The parties tried the case on July 3, 2003...

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