Keller v. Serio & GEICO

In this case we are asked to decide whether it is reversible error for a trial court to reject a jury instruction on the nature of underinsured motorist (“UM”) coverage when an insurer is a party to the suit, but the issue of coverage is not before the jury. Because we fail to see how a question pertaining to coverage can constitute an essential part of a plaintiffs theory of the case in litigation confined to causation and damages, we affirm the judgment of the Court of Special Appeals.

FACTS AND LEGAL PROCEEDINGS

This appeal arises out of a dispute between Kara A. Keller (“Petitioner”), who…