Preview:

Maryland Automobile Insurance Fund v. Ralph Perry No. 43, Sept. Term, 1999

Owner of insured vehicle with PIP coverage not disqualified from receiving PIP benefits for injuries sustained while occupying insured vehicle because owner also owns another uninsured vehicle.

Circuit Court for Baltimore City Case No. 97297078/CC7217 IN THE COURT OF APPEALS OF MARYLAND

No. 43 September Term, 1999 ______________________________________

MARYLAND AUTOMOBILE INSURANCE FUND v.

RALPH PERRY

______________________________________ Bell, C.J. Eldridge Rodowsky Raker Wilner Cathell Harrell, JJ. ______________________________________ Opinion by Wilner, J. ______________________________________ Filed: December 8, 1999

In January, 1994, respondent, Ralph Perry, owned two cars -- a 1991 Chevrolet that was insured by the Maryland Automobile Insurance Fund (MAIF) and a 1990 Chevrolet that was uninsured. On January 24, while driving the insured vehicle, he was in an accident and, as a result, incurred medical expenses and wage losses aggregating $1,373. His MAIF insurance policy contained Personal Injury Protection (PIP) coverage that provided for the payment of up to $2,500 for such medical expenses and wage losses. Notwithstanding that coverage, MAIF refused to pay the benefits, contending that (1) Perry's ownership of an uninsured vehicle caused him to be in violation of Maryland Code,

Download MAIF v Perry.pdf

Maryland Law