King v. State Farm Mutual Automobile Insurance Co.6/4/2004
This action was brought by the insureds against the insurer on a policy of underinsured motorist (UIM) insurance. Trial was before a jury. The Circuit Court for Baltimore City, at the request of the insurer, forbade the parties from identifying the insurer as the defendant before the jury. Submitting that this restriction constituted reversible error, the insureds appeal from a judgment that was within the limits of the tortfeasor's automobile liability policy. For the reasons stated below, we conclude that the insureds' point is well taken.
On the date of the automobile accident involved here, February 9, 2001, the appellants, Penelope King (Mrs. King), and her husband, Thomas R. King, Jr., were insured by the appellee, State Farm Mutual Automobile Insurance Company (State Farm), under a policy that contained UIM coverage of $100,000 per person and $300,000 per occurrence. The accident occurred when Mrs. King, while crossing a street in the pedestrian crosswalk, was struck by an automobile operated by one Wendy Farley (Ms. Farley), as a result of which Mrs. King suffered bodily injuries. The claims against Ms. Farley were resolved first. Her automobile liability insurance carrier, Allstate Insurance Company (Allstate), settled for $20,000. The parties to the action before us agree that this payment was the limit under the Allstate policy for appellants' claims. Thereafter, appellants brought the instant action against State Farm claiming $80,000 in their ad damnum.
Prior to trial of the UIM claim, the parties agreed that Ms. Farley was solely responsible for the accident, that State Farm's UIM policy was in effect at that time, that its limits were $100,000/$300,000, and that the credit against any verdict in favor of Mrs. King would be $20,000. The extent of Mrs. King's injuries, however, was sharply disputed.
Against this background, State Farm, on the morning trial was to begin, moved in limine that identification of State Farm as the defendant be prohibited. Referring to Maryland Rule 5-411, dealing with the exclusion of references to liability insurance, State Farm submitted that it was "inherently prejudicial to discuss the insurance coverage." Mrs. King opposed the motion, arguing that "the mere fact that an insurance company is a party to a case is not a basis to claim prejudice" and that "the defendant now want to make up a fictitious case[.]" The trial court granted the motion, reasoning as follows:
" ll this jury is going to be asked to consider is the injuries suffered and the damages that they're entitled to.
"So I agree there are cases where it would not be appropriate to limit any mention of State Farm. I don't think in the context it's presented here, or the posture of this case at this time that there is really any reason to get into that. The question is damages. So I'm going to grant the defense motion in limine in terms of referencing the case."
The colloquy with the court then turned to how, precisely, the ruling could be implemented. State Farm submitted that there was "no reason to reference the defendant," while Mrs. King suggested that the difficulty of implementation was why the prohibition should not be imposed. The court, reaffirming its ruling, concluded that, " n terms of calling the case," it would give a brief description about the plaintiffs' seeking damages "and make it clear those are the only issues we're dealing with."
In view of the court's ruling on State Farm's motion in limine, the appellants sought, and obtained, a ruling that Ms. Farley could not be identified as the motorist.
After the venire was sworn and before voir dire, the trial court made the following stat
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