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MATTINGLY CONSTRUCTION v. HARTFORD

Nos. 136, 144 September Term, 2009.

999 A.2d 1066 (2010)

415 Md. 313

JOHN L. MATTINGLY CONSTRUCTION CO., INC. v. HARTFORD UNDERWRITERS INSURANCE COMPANY. Wilma L. Phoebus, d/b/a Phoebus Electric Company v. Hartford Underwriters Insurance Company.

Court of Appeals of Maryland.

July 27, 2010.

Attorney(s) appearing for the Case

David E.C. Grant (O'Conor, Grant & Samuels of Towson, MD), on brief, for petitioners in No. 136, Sept. Term, 2009.

Edward A. Jaeger, Jr. (White and Williams LLP of Philadelphia, PA), on brief, for respondent in Nos. 136 and 144, Sept. Term, 2009.

Sara Anderson Frey (Josh M. Greenbaum of Cozen O'Connor of Philadelphia, PA; Michael J. Schreyer of Seidman & Schreyer, LLC of Waldorf, MD), on brief, for petitioner in No. 144, Sept. Term, 2009.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY and BARBERA, JJ.

BATTAGLIA, J.

In this certiorari case, we are called upon to address whether ambiguity exists in a waivers of subrogation clause in a form contract governing the construction of a restaurant. We have compressed the various questions into one, that being:

Was the Circuit Court correct in granting summary judgment against an insurer on the basis that a waivers of subrogation clause in a form contract plainly and unambiguously encompassed losses sustained after...

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