KELLER v. SERIO & GEICO

No. 48, September Term, 2013.

85 A.3d 283 (2014)

437 Md. 277

Kara KELLER v. Charles J. SERIO and GEICO Insurance Company.

Court of Appeals of Maryland.

February 26, 2014.


Attorney(s) appearing for the Case

Robert J. Zarbin (Zarbin Law Firm, LLC, Upper Marlboro, MD), on brief, for Petitioner.

Andrew Janquitto (Mudd, Harrison & Burch, L.L.P., Towson, MD; Scott C. Woods , Linthicum, MD), on brief, for Respondents.

William W. Willoughby, Esquire , Gershon, Willoughby, Getz & Smith, LLC, Baltimore, MD, for Amicus Curiae brief of the Maryland Association for Justice in support of Plaintiff-Petitioner.

Argued before: BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, and WATTS, JJ.


ADKINS, J.

In this case we are asked to decide whether it is reversible error for a trial court to reject a jury instruction on the nature of underinsured motorist ("UM") coverage when an insurer is a party to the suit, but the issue of coverage is not before the jury. Because we fail to see how a question pertaining to coverage can constitute an essential part of a plaintiff's theory of the case in litigation confined to causation and damages, we affirm the judgment...

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