SWARTZBAUGH v. ENCOMPASS

No. 946, September Term, 2010.

28 A.3d 785 (2011)

201 Md. App. 133

Kelly SWARTZBAUGH, et al. v. ENCOMPASS INSURANCE COMPANY OF AMERICA.

Court of Special Appeals of Maryland.

September 7, 2011.


Attorney(s) appearing for the Case

Franklin J. Muher (Glusing & Muher, on the brief), Baltimore, MD, for appellant.

Ronald W. Cox ( Amy L. Leone , McCarthy Wilson LLP, on the brief), Rockville, MD, for appellee.

Panel: MEREDITH, WOODWARD and GRAEFF, JJ.


WOODWARD, J.

Appellants, Kenneth, Lynne, and Kelly Swartzbaugh,1 challenge the Circuit Court for Carroll County's entry of a declaratory judgment on behalf of appellee, Encompass Insurance Company of America ("Encompass"). In obtaining personal automobile insurance for her family, Lynne signed a Waiver of uninsured motorist benefits2 that otherwise would have been in the same amount as the liability coverage...

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