Thompson v. State Farm Mutual Automobile Insurance
196 Md. App. 235
| Md. Ct. Spec. App. | 2010Background
- Maryland 2007 good-faith insurance statute creates de novo review rights and jury trial for first-party insurance disputes; Thompson filed for de novo review of MIA decision denying underinsured motorist claim; MIA issued final decision on Dec. 3, 2008; Thompson filed civil action in Baltimore City Circuit Court on Dec. 30, 2008 seeking de novo hearing and damages; State Farm moved to dismiss and transfer for forum non conveniens; circuit court transferred case to Anne Arundel County; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue for de novo review under statutes | Thompson sought Baltimore City venue under INS § 2-215 and APA | State Farm argued no Baltimore City venue under 2-215; proper under general venue statute | Baltimore City venue not proper; transfer upheld. |
| Whether de novo review and jury trial rights align with venue rules | Thompson seeks jury trial under CJP § 3-1701(j) independent of APA review | 2-215/APA framework does not support jury trial in this context | De novo review and jury-trial right governed independently; City venue not required. |
| Whether forum non conveniens transfer was proper | Anne Arundel County lacks ties to Thompson's case; City forum should hold trial | Public/private interests favored transfer to nearby county | Circuit court did not abuse discretion; transfer affirmed. |
| Whether a petition for judicial review was properly captioned/pleaded | Complaint labeled as civil action sufficed for de novo review under 3-1701 | Failure to caption as petition for judicial review; misapplication of 2-215 | Procedural defects defeated Baltimore City venue; proper filing not satisfied. |
| What statute governs venue when jury trial under 3-1701 is chosen | Venue should follow Baltimore City under § 2-215(c) | § 2-215(c) inapplicable; venue governed by general statute § 6-201 | Venue governed by CJP § 6-201; City not proper. |
Key Cases Cited
- Department of Natural Resources v. Linchester Sand & Gravel Corp., 274 Md. 211 (1975) (separation of powers; de novo review limits)
- Alitalia Linee Aeree Italiane v. Tornillo, 320 Md. 192 (1990) (paper hearings and de novo review distinctions)
- Urquhart v. Simmons, 339 Md. 1 (1995) (abuse of discretion standard for venue transfer)
- Stidham v. Morris, 161 Md.App. 562 (2005) (public interests in forum; local ties)
- Cobrand v. Adventist Healthcare, 149 Md.App. 431 (2003) (plaintiff's forum choice considerations)