A Maryland court of appeals has upheld a 2003 circuit courtdecision by holding that personal injury protection waivers remaineffective until withdrawn in writing.
The Property Casualty Insurers Association of America, whichfiled an amicus curiae on behalf of the insurer, called theappellate court decision a victory for the validity of insurancecontracts.
In the original case, Richard Nesbit, a Government EmployeesInsurance Co. policyholder injured in a 2003 auto mobile accident,attempted to recover PIP benefits. The insurer rejected the claimbecause the plaintiff had signed a PIP waiver in 1998, according tocourt documents. The plaintiff claimed that the waiver was invalidbecause he had since signed a policy with new terms andconditions.
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