United States Fourth Circuit

Where the district court based its ruling on the exhaustion requirement, and did not reach the merits of dispute as to whether an oral contract to insure was formed, summary judgment was improper; on remand, before determining whether the exhaustion requirement applies, the court must certify question does Maryland law provide a judicial cause of action, entirely independent of the Maryland Insurance Code, for a claim to compel specific performance on an oral contract for disability insurance?

Appellate Information

• Argued 02/25/2002
• Decided 04/17/2002
• Published 04/17/2002

Judges

• Before LUTTIG and GREGORY, Circuit Judges, and HENRY M. HERLONG, Jr., United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Albert David Brault, Brault, Graham, Scott & Brault, L.L.C., Rockville, Maryland, for Plaintiff-Appellant.  Derek Barnet Yarmis, Funk & Bolton, P.A., Baltimore, Maryland, for Defendant-Appellee.   ON BRIEF:  Joan F. Brault, James M. Brault, Brault, Graham, Scott & Brault, L.L.C., Rockville, Maryland, for Plaintiff-Appellant.  Bryan D. Bolton, Funk & Bolton, P.A., Baltimore, Maryland, for Defendant-Appellee.