Maryland Casualty Co. v. Messina

Opinion by

Judge ROTHENBERG.

In this declaratory judgment action to determine whether personal injury protection (PIP) benefits were payable under an automobile insurance policy, defendant, Rose Wood Messina, appeals from the summary judgment entered in favor of plaintiff, Maryland Casualty Company (insurer). Because the issues determined adversely to Messina in an earlier workers’ compensation proceeding were not identical to the issues presented in this action, we hold that the doctrine of collateral estoppel does not preclude the trial court’s consideration of Messina’s claims. Accordingly,…