Latest Publications


Mushrooming Claims: Recognizing When Simple Claims Threaten to Expand Beyond What is Expected

Introduction - In the not too distant past, claims and claims handling were generally predictable. There was an incident causing damage, then a demand, and a dispute largely about the amount that would be paid. More...more

Love Me Tender: Maryland’s Requirement that Insurers Pay Pretender Defense Costs

Today I am listening to music as I write my article regarding an insurer’s obligation to pay pretender defense costs in Maryland. I first listened to the Platters’ version of “The Great Pretender” with lyrics of “my need is...more

Deciding Not To Look Away: Ethics v. Compliance

For most of us, we do not get into trouble for intentionally doing something wrong. We do not steal. We do not commit fraud. We do not hurt people on purpose. But, if we are truthful with ourselves, we have sometimes looked...more

Blunt Talk about Cannabis and Insurance

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles...more

Beware: Claims Investigations May Not Be Protected From Disclosure In Maryland

Insurance companies and lawyers defending insurance companies oftentimes try to shield claims investigations from disclosure during discovery. Oftentimes, the claimed basis for non-disclosure is the work-product privilege. In...more

Who Will Take Care of Your Pet After Your Death?

Have you ever wondered who will take care of your pet after your death? Maryland has a pet trust law allowing owners to set aside funds for their pet’s care and to provide for a care taking system for their pet...more

8/17/2017  /  Pet Trusts , Pets , Trustees , Trusts

Statutory Duties to consider in Underwriting (including some that deal with animals)

Keep in mind that statutes or ordinances can be a source of a duty of care towards members of a specific class. See, e.g., Kiriakos v. Phillips, 448 Md. at 495, 139 A.3d 1006 (concluding that a social host owes a duty to...more

Top 10 Things Defense Lawyers Need to Know About Lack of Good Faith Claims

By now, every Maryland defense lawyer knows that there is a cause of action that can be leveled against insurers for lack of good faith. Most even know that this cause of action is based on Md. Code Ann., Cts. & Jud. Proc. §...more

One on One: Diversity through Mentoring

We have changed. Fifteen years ago, we at Pessin Katz Law had one female partner and not a single minority or LGBT attorney. Today, one half of our equity partners are women and we have a number of other attorneys and...more

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