Presbyterian Hospital v. Maryland Casualty Co.

We agree with the majority’s characterization of the statutes and regulations in question in this case as a "Rube-Goldberg-like maze”, and we join in its request to the Legislature and Superintendent of Insurance to study and remedy the "thicket” of apparent contradictions and difficulties presented. Nevertheless, as best we can decipher the legislative intent and purpose of the current regulatory framework, preclusion should not be a remedy for an insurer’s failure timely to deny a no-fault claim.

The majority finds preclusion to be consistent with the purposes of the Insurance Law. Yet the…