Calabi v. Government Employees Insurance

RODOWSKY, Judge.

The petition for certiorari in this case presents the following issue:

“Can a trial court resolve a contested motion to enforce a settlement agreement by conducting an evidentiary hearing—with itself determining the ‘credibility of witnesses’ and the ‘weight of the evidence’ during that hearing—rather than allowing the jury to make those factual determinations under Article 23 of the Maryland Declaration of Rights?”

This issue stems from a breach of contract action filed by the petitioner, Ornella Calabi (Calabi), against her home owner’s insurance carrier, the respondent,…