D'Antonio v. State

PER CURIAM. This case arose as a result of injuries which Mrs. D’Antonio sustained when her motor vehicle was struck by a bus owned by the State of Maryland. Mrs. D’Antonio was driving a vehicle covered by an insurance policy issued by Valiant Insurance Company with $500,000 uninsured and underinsured motorist coverage. Mrs. D’Antonio, joined by her husband, filed suit in the Circuit Court for Baltimore County against the State and the driver of the bus for damages for her injuries and loss of consortium.

At the time, state law limited the State’s liability under the Maryland Tort Claims Act, Maryland Code (1984,1993 Repl.Vol.), § 12-101 et seq. of the State Government Article, to $50,000. The State tendered $50,000 in settlement of the suit, which the D’Antonios did not accept, apparently fearing impairment of their right to recover uninsured/underinsured motorist benefits from their insurer, Valiant. The D’Antonios then filed a claim with Valiant for uninsured/underinsured motorist benefits for any damages over $50,000, and Valiant denied the claim. Thereafter, the D’Antonios filed an amended complaint adding Valiant as a defendant and alleging breach of the insurance contract.

Valiant filed a motion for summary judgment, contending that the D’Antonios were not eligible for any uninsured/under- ⁴⁸⁰ insured motorist benefits under the policy, even if the damages exceeded the State’s liability limit of $50,000. Valiant relied on the provision of the policy which states that Valiant will pay damages “which an ‘insured’ is legally entitled to recover from the owner or operator” of an uninsured/underinsured motor vehicle. Valiant contended that the D’Antonios were not “legally entitled to