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HARLEYSVILLE MUT. INS. CO. v. ZELINSKI

No. 81, September Term, 2005.

899 A.2d 835 (2006)

393 Md. 83

HARLEYSVILLE MUTUAL INSURANCE COMPANY v. Walter ZELINSKI, et al.

Court of Appeals of Maryland.

June 1, 2006.

Attorney(s) appearing for the Case

Marta D. Harting (Brian M. Quinn, DLA Piper Rudnick Gray Cary US LLP, Baltimore, on brief), Kathleen A. Birrane, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Alex J. Brown, Asst. Atty. Gen., on brief), for petitioner.

Andrew Janquitto (Mudd, Harrison & Burch, L.L.P., Gary Berger, Towson, on brief), for respondents.

David M. Funk, Amanda Stakem Conn, Funk & Bolton, P.A., Baltimore, amici curiae.

J. Joseph Curran, Jr., Atty. Gen., Kathleen A. Birrane, Alex J. Brown, Asst. Attys. Gen., amicus curiae.

Lee H. Ogburn, Steven M. Klepper, Kramon & Graham, P.A., Baltimore, amicus.

Argued before BELL, C.J., WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

WILNER, J.

We granted certiorari in this case to consider two issues of importance. The first is whether an insurer may lawfully cancel or non-renew, or threaten to cancel or non-renew, a commercial automobile liability insurance policy unless the insured agrees to the exclusion of one or more named individuals from the policy — whether, in other words, a "named driver exclusion" endorsement is valid in the context of a commercial, as opposed to a family...

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