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KURTZ v. ERIE INS. CO.

No. 1879, Sept. Term, 2002.

849 A.2d 1050 (2004)

157 Md. App. 143

Mark E. KURTZ, et ux. v. ERIE INSURANCE EXCHANGE.

Court of Special Appeals of Maryland.

June 1, 2004.

Attorney(s) appearing for the Case

William D. Hooper, Jr. (Hooper & Jacobs, LLC, on brief), Bel Air, for appellant.

Ralph E. Wilson (Rollins, Smalkin, Richards and Mackie, on brief), Baltimore, for appellee.

Argued before KRAUSER, BARBERA, SHARER, JJ.

BARBERA, J.

Maryland Code (1997), § 19-509(g) of the Insurance Article establishes the limit of liability of a carrier of uninsured/underinsured ("UM") benefits. That section authorizes a UM carrier to require that an insured "exhaust" the liability limits of a tortfeasor's insurance policy before applying for and receiving underinsured motorist ("UM") benefits under the insured's policy. We are asked in this case to decide what is meant by the term "exhaust...

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