District of Columbia:

 

  • D.C. Code §32-1535(b): Workers’ Compensation assignment of the 3rd party claim reverts back to the injured worker if the employer/insurer fails to file suit within 90 days.  Therefore, following the date of the award of compensation, the injured worker has 6 months to file, then the assignment falls to the employer/insurer for 90 days, then the assignment reverts to the injured worker.  Effective June 27, 2013 (with a small gap 9/26/13-10/3/13).  The D.C. Code will not reflect this update until June 2015 - until then, you can reference the new code section and include the words "to be codified;"

 

  • DC Code §31-2407.01:  A UIM carrier has 60 days to either pay to the claimant an amount equal to the policy limits offer or allow the claimant to accept the settlement offer from the liability insurer and execute appropriate releases.  Effective July 15, 2014;

 

  • D.C. Code §50-1301.07: Serve an out-of-state vehicle driver by serving Director of the DMV (acting as the Mayor’s agent). Effective March 19, 2013;

 

  • D.C. Code §§16-2702 and 12-311(c): 2-year wrongful death statute of limitations, including cases based upon exposure to asbestos. Effective March 30, 2012;

 

  • D.C. Code 31-2403.01: Disclosure of policy limits of an auto policy prior to filing suit (note: no monetary threshold is required). Effective April 23, 2013;

 

  • D.C. Code §3-1210.11(a): "[A]ny survivor of the decedent" may obtain the medical records for your deceased client.  Effective July 18, 2009;

 

  • D.C.  Code §2-1701(13): A “public record” includes emails and video recordings.  Effective June 13, 2008; 

 

  • D.C. Code §1-615.51, et seq.:  Public-sector whistleblower protections;

 

  • D.C. Code §13-441, et seq.: A lawyer representing a client in a case in another state (the “foreign state”) can submit thesubpoena issued in the foreign state to the DC Superior Court clerk, who will issue a DC subpoena.  Effective May 22, 2010;

 

  • D.C. Code §50-1401.01b: Restricts (except for use in specified situations) the dissemination of specific personal information contained in a police accident report requested from MPD - regardless of whether the report is requested within 21 days of the accident or at any other time.  Effective March 5, 2013;

 

  • D.C. Code §7-161(d)(1) Mandatory adverse event reporting.  Effective March 20, 2009.

    Maryland: (as listed on MAJ Listserve)

  • Md, Code, Cts and Jud. Proc § 6-313: Serving an out-of-state auto defendant by serving the Maryland Insurance Administration;

 

  • Md Code, Cts and Jud. Proc. §6-311: Insurance company required to disclose the last known home and business address of their insured;

 

  • Md Code, Cts and Jud. Proc. §10-1101, et seq: Disclosure of policy limits of an auto policy prior to filing suit;

 

  • Md. Code, Insurance § 19-511  A UIM carrier has 90 days to either pay to the claimant an amount equal to the policy limits offer or allow the claimant to accept the settlement offer from the liability insurer and execute appropriate releases;

 

  • Md Code, Cts and Jud. Proc §11-112: Reduction of health insurance subrogation claims (other than ERISA policies);

 

  • Md Code, Cts and Jud. Proc §5-806: Claims of minors against parents in auto cases;

 

  • Md Code, Cts and Jud Proc §5-401.1: Voiding releases signed within a short time following a tort;

 

  • Md Code, Bus Occ & & Professions §10-206: Limiting ability of a corporation to be represented in court by a non-lawyer, such as an officer of the corporation;

 

  • Md Code, Cts and Jud Proc. §10-921: Burden of proof of uninsured motorist status;

 

  • Rule 2-305: Rule regarding contents of an ad damnum clause (and what does not need to be included);

 

 

 

 
 
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