Kaser v. FINANCIAL PROTECTION
Decision Date | 28 August 2003 |
Docket Number | Misc. No. 1 |
Citation | 831 A.2d 49,376 Md. 621 |
Parties | Richard M. KASER v. FINANCIAL PROTECTION MARKETING, INC., et al. |
Court | Maryland Court of Appeals |
Roderick R. Barnes (Ferguson, Schetelich & Ballew, P.A., on brief), Baltimore, for appellant.
Marta D. Harting (Robert J. Mathias, Piper Rudnick, LLP, on brief), Baltimore, for appellees.
Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.
This is a Certified Question case pursuant to the Maryland Uniform Certification of Questions of Law Act, Maryland Code (1974, 2002 Repl.Vol.), §§ 12-601 through 12-613 of the Courts and Judicial Proceedings Article and Maryland Rule 8-305.1 The United States District Court for the District of Maryland has certified a question concerning the tort of wrongful interference with business relationships. The certified question of Maryland law is as follows:
"Does an insurance subagent (or broker) have an economic relationship with his client, the insured, separate from the insurance policy issued to the client, with which the insurer or the insurer's agent can interfere?"
Our answer to the question shall be "no."
I.
The relevant facts are set forth in the United States District Court's Certification Order and the amended complaint which was incorporated into the Certification Order. They are, in pertinent part, as follows:
In two subsequent counts in the amended complaint, the plaintiff Kaser alleged that both FPM and PLIC committed tortious interference with the plaintiff's economic relationship with Chevy Chase Bank. It was alleged in one of these counts that, The other count contained identical allegations with respect to PLIC. These are the counts giving rise to the certified question.
II.
Maryland has long recognized the tort of interference with contractual or business relationships. See, e.g., Medical Mutual v. B. Dixon Evander and Associates, 339 Md. 41, 660 A.2d 433 (1995); Alexander & Alexander, Inc. v. B. Dixon Evander and Associates, 336 Md. 635, 650 A.2d 260 (1994); Macklin v. Robert Logan Assocs., 334 Md. 287, 639 A.2d 112 (1994); Travelers Indem. Co. v. Merling, 326 Md. 329, 605 A.2d 83,cert. denied, 506 U.S. 975, 113 S.Ct. 465, 121 L.Ed.2d 373 (1992); K & K Management v. Lee, 316 Md. 137, 557 A.2d 965 (1989); Sharrow v. State Farm Mut. Auto. Ins. Co., 306 Md. 754, 511 A.2d 492 (1986); Vane v. Nocella, 303 Md. 362, 383 n. 6, 494 A.2d 181, 192 n. 6 (1985); Natural Design, Inc. v. Rouse Co., 302 Md. 47, 485 A.2d 663 (1984); Wilmington Trust Co. v. Clark, 289 Md. 313, 424 A.2d 744 (1981); Beane v. McMullen, 265 Md. 585, 603, 291 A.2d 37, 46-47 (1972); McCarter v. Baltimore Chamber of Commerce, 126 Md. 131, 136, 94 A. 541, 542 (1915); Sumwalt Ice & Coal Co. v. Knickerbocker Ice Co., 114 Md. 403, 80 A. 48 (1911); Willner v. Silverman, 109 Md. 341, 71 A. 962 (1909); Knickerbocker Ice Co. v. Gardiner...
To continue reading
Request your trial-
Baron Financial Corp. v. Natanzon, No. SKG-03-3563.
...the defendant is a party to the economic relationship with which the defendant has allegedly interfered. Kaser v. Financial Protection Marketing, Inc., 376 Md. 621, 831 A.2d 49 (2003); Alexander & Alexander, Inc. v. B. Dixon Evander & Assoc., 336 Md. 635, 640 n. 8, 650 A.2d 260, 265 (1994);......
-
Lurie v. Mid-Atl. Permanente Med. Group
...cause on the part of the defendants (which constitutes malice); and (4) actual damage and loss resulting." Kaser v. Fin. Prot. Mktg., Inc., 376 Md. 621, 831 A.2d 49, 54 (2003) (quoting Willner v. Silverman, 109 Md. 341, 71 A. 962, 964 (1909)). In the District of Columbia, one must prove: "(......
-
Gilbert v. U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives
...in a federal prison). Intentional interference with business relations is a tort under Maryland law, see Kaser v. Fin. Prot. Mktg., Inc. , 376 Md. 621, 831 A.2d 49, 53 (2003), and neither Raymond nor Engage are federal officers. Therefore, no Bivens action for their allegedly tortious condu......
-
Goode v. Am. Veterans, Inc.
...circumstances, a party is liable if he interferes with and damages another in his business or occupation.Kaser v. Fin. Prot. Mktg., Inc., 376 Md. 621, 831 A.2d 49, 53 (2003) (quoting Natural Design, Inc. v. Rouse Co., 302 Md. 47, 485 A.2d 663, 674 (1984)). A cause of action for tortious int......
-
Specific Performance of Enlistment Contracts
...to be the seminal case in the context of specific performance of personal services contracts. See, e.g. , Kaser v. Fin. Prot. Mktg., Inc., 831 A.2d 49 (Md. 2003); Swager v. Couri, 395 N.E.2d 921 (Ill. 1979). But see Rapp, supra note 22, at 263 n.8 (demonstrating that the Lumley case was act......