There is a new case out in West Virginia that is worth talking about to underscore the differences between West Virginia law and Maryland law. I think the intuition of most victims – and some lawyers – would be that West Virginia law makes more sense and is likely “the way
it is”. But the Maryland law is very different.
Plaintiffs were in a car accident. At fault driver had a $25,000 policy. One plaintiff, the wife, had almost $30,000 in medical bills. Nationwide Insurance offered up the $25,000 policy on behalf of the at-fault driver to that plaintiff.