A Maryland court of appeals has upheld a 2003 circuit court decision by holding that personal injury protection waivers remain effective until withdrawn in writing.
The Property Casualty Insurers Association of America, which filed an amicus curiae on behalf of the insurer, called the appellate court decision a victory for the validity of insurance contracts.
In the original case, Richard Nesbit, a Government Employees Insurance Co. policyholder injured in a 2003 auto mobile accident, attempted to recover PIP benefits. The insurer rejected the claim because the plaintiff had signed a PIP waiver in 1998, according to court documents. The plaintiff claimed that the waiver was invalid because he had since signed a policy with new terms and conditions.
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