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A MARYLAND PERSONAL INJURY LAW FIRM

The Law Offices Of

KEITH BLAIR BARTNIK, P.A.

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Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136 (410) 363-7339

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Offsets to Underinsured and Uninsured Motorist Coverage in a Maryland Personal Injury case When Workers Compensation Benefits are Received

 

In a Maryland personal injury case, there is a some what complicated situation that exist when multiple policies of insurance are all at play in the plaintiff's recovery. An interesting case was recently decided in the matter of Blackburn v Erie involving under insured motorist coverage and workers compensation benefits. This scenario generally represents a fairly complicated mess of who gets what from the insurance coverage and who is entitled to what as off sets to avoid a wind fall recovery to the plaintiff. The first part of the equation is easy. When the under insured coverage is greater then the liability coverage the under insured coverage must pay the deficient. Of course this assumes a policy limits offer. It becomes more interesting and perhaps more complex when you throw in a workers compensation policy. You encounter this situation when a worker is injured in car accident for example. In this case when the workers compensation carrier has paid benefits the under insured carrier wants an off set to their coverage equal to the benefit received by the plaintiff. As such no wind fall by coverage duplication. Normally this argument arises when the workers compensation carrier has reduced their lien by some figure. In this case the under insured carrier says well then reduce what we owe to plaintiff by the amount of the reduction in the workers compensation lien. And guess what the courts in Maryland agree with the under insured motorist on this point.

 

 

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Maryland trial lawyer. Visit our Other Sites at: yourMarylandDivorceLawyer.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years.  MarylandInjuryAttorney.net A Maryland Personal Injury Lawyer. Bartnik-Law.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years. YourMarylandLawyer.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years. Marylandworkerscompensationlawyer.net Maryland Workers Compensation Lawyer. Confused Yet. Call For A Free Phone Consultation. 1-888-760-7339. And please visit our Blogs at http://keithblairbartnikpa.blogspot.com/ Divorce in Maryland. Are You Confused Yet? consultation.http://www.marylandworkerscompensationlawyer.blogspot.com/ and http://www.marylandinjuryattorney.blogspot.com/ and http://marylandpersonalinjurylawyer.blogspot.com and http://www.divorceinmaryland.net

 
 
 
 

DISLAIMER: Keith Blair Bartnik, P.A.. has created this website to be informative, but you should remember the contents are general in nature and not meant to substitute the specific legal advice given by an attorney based on your individual questions and needs. We have made every effort to provide up to date information and links, however we make no guarantees. Viewing this website and communicating with us by electronic mail or making a general inquiry does not create an attorney client relationship. You should be aware that contacting our law firm through the internet is not considered secure and therefore you should not send confidential or sensitive information that may be illegally intercepted by others.

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This site was last updated 05/30/09