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IN THE COURT OF APPEALS OF MARYLAND

No. 127

September Term, 1996

HERBERT KENDALL AND SHIRLEY KENDALL v. NATIONWIDE INSURANCE COMPANY AND CARL JEFFREY HICKEY

Bell, C.J. Eldridge Rodowsky Chasanow Raker Karwacki, Robert L. (Retired, specially assigned) Smith, Marvin H. (Retired, specially assigned) JJ.

Opinion by Karwacki, J.

Filed: November 21, 1997

At issue in this case is the proper construction of the provisions of an automobile

liability insurance policy relating to uninsured/underinsured motorist coverage issued by Nationwide Mutual Insurance Company ("Nationwide"), the Respondent, to Shirley Lou Kendall ("Shirley"), one of the Petitioners. On April 26, 1991, Shirley was the owner and operator of a 1986 Pontiac that was involved in a motor vehicle accident with a motor vehicle operated by Carl Jeffrey Hickey ("Hickey"). At the time of the accident Shirley's husband, Herbert Richard Kendall ("Herbert"), also a Petitioner, was a passenger in the 1986 Pontiac. Both Petitioners suffered serious personal injuries. At the time of the accident, Shirley maintained an automobile liability insurance policy with Nationwide covering three vehicles she owned. According to the declaration page of the policy, a 1975 Chevrolet had uninsured/underinsured1 motorist coverage limits of $100,000 per person and $300,000 per occurrence for which a premium of $22.00 was paid. By contrast, a 1978 Chevrolet and the 1986 Pontiac had the statutory minimum requirements2 of uninsured/underinsured motorist coverage limits of $20,000 per person and
An uninsured motor vehicle includes an underinsured motor vehicle. An underinsured motor vehicle is one for which there are bodily injury and property damage liability coverages in effect but the limits of the coverage are less than the limits of uninsured/underinsured coverage in the claimant's policy. There is no need to distinguish between uninsured and underinsured coverage in this case as the policy limits are the same for both types.
2 1

Maryland Code (1957, 1986 Repl. Vol., 1990 Cum. Supp.), Article 48A,

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