Berry v. QueenAnnotate this Case
In two cases involving similar underlying facts and an identical legal issue the Court of Appeals held that the phrase "damage to property," incorporated by reference in the uninsured motorist statute, requires an insurer to reimburse loss of use damages, such as rental car costs, to an insured.
At issue was whether the Maryland Uninsured Motorist statutory provision of Md. Code Ann., Ins. 19-509(e)(1) and the provisions of Title 17 of the Transportation Article and Title 20 Subtitle 6 of the Insurance Article require an insurer to pay benefits for loss of use of a vehicle damaged by an uninsured driver. The Court of Appeals held that the phrase "damage to property," as incorporated by reference in the uninsured motorist statute, embraces loss of use damages caused by an uninsured driver, regardless of any limitations or omissions that may exist in the applicable policy of insurance.