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ST. PAUL FIRE AND MARINE INS. CO. v. HOUSE

No. 322, September Term, 1987.

73 Md. App. 118 (1987)

533 A.2d 301

ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. HOMER C. HOUSE, ET AL.

Court of Special Appeals of Maryland.

Certiorari Granted February 26, 1988.

Attorney(s) appearing for the Case

Frederick J. Green, Jr. Baltimore, for appellant.

Ralph M. Murdy, Baltimore, for appellees.

Argued before GILBERT, C.J., and ALPERT, and ROSALYN B. BELL, JJ.

ALPERT, Judge.

A dispute over insurance coverage for a medical malpractice claim spawned this appeal, raising a question of first impression in the State of Maryland. The issue is whether article 48A, § 482 of the Annotated Code of Maryland, that requires an insurer to prove "actual prejudice" in order to disclaim coverage because of the insured's failure to give notice, applies to professional liability insurance written in the form of a "claims made" or "discovery...

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