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MAGAN v. MEDICAL MUTUAL LIABILITY INS. SOCIETY

No. 709, September Term, 1989.

81 Md. App. 301 (1989)

567 A.2d 503

MICHAEL O. MAGAN ET AL. v. MEDICAL MUTUAL LIABILITY INSURANCE SOCIETY OF MARYLAND, ET AL.

Court of Special Appeals of Maryland.

December 28, 1989.

Attorney(s) appearing for the Case

Barry S. Brown (Edward J. Birrane, Jr. and Birrane, Harlan, Sharretts & Cooke, on the brief), Baltimore, for appellants.

David M. Funk (Bryan D. Bolton and Shapiro and Olander, on the brief), Baltimore, for appellee Medical Mut.

Benson E. Legg and Venable, Baetjer & Howard, on the brief, Baltimore, for appellees Individually Named Officers and Directors.

Argued before ROSALYN B. BELL, KARWACKI and CATHELL, JJ.

ROSALYN B. BELL, Judge.

This case presents the question of whether an individual aggrieved by an insurer's violation of Md. Code Ann. Art. 48A (1957, 1986 Repl.Vol., 1989 Cum.Supp.), (Maryland Insurance Code) can maintain, in addition to the statutory remedy, a tort action for damages in the circuit court based upon the same issues advanced in the administrative proceedings. We hold that the individual is limited to the remedy provided in the Maryland Insurance Code...

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