Title 10. Evidence — Subtitle 11. Prelitigation Discovery
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 10-1101 (2026)
Title 10. Evidence
Subtitle 11. Prelitigation Discovery
§ 10–1101LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Beneficiary” means an individual who may bring an action for wrongful death under Title 3, Subtitle 9 of this article.
(c)
“Claimant” means:
(1)
A person who alleges damages as a result of a tort involving bodily injury or an attorney who represents the person; or
(2)
A personal representative of the estate of a decedent who died as a result of an alleged tort or an attorney who represents the personal representative of the estate of the decedent.
(d)
“Insurer” includes a property and casualty insurer, a self–insurance plan, or any person required to provide indemnification for a claim for wrongful death, personal injury, or property damage.
(e)
“Vehicle” has the meaning stated in § 11–176 of the Transportation Article.
Md. Code Ann., Cts. & Jud. Proc. § 10-1102 (2026)
Title 10. Evidence
Subtitle 11. Prelitigation Discovery
§ 10–1102LinkCopy Citation
After a claimant files a written tort claim and provides the documentation described in § 10–1103 or § 10–1104 of this subtitle to an insurer, the claimant may obtain from the insurer documentation of the applicable limits of coverage in any automobile insurance policy, homeowner’s insurance policy, or renter’s insurance policy under which the insurer may be liable to:
(1)
Satisfy all or part of the claim; or
(2)
Indemnify or reimburse for payments made to satisfy the claim.
Md. Code Ann., Cts. & Jud. Proc. § 10-1103 (2026)
Title 10. Evidence
Subtitle 11. Prelitigation Discovery
§ 10–1103LinkCopy Citation
(a)
This section does not apply to a claim described under § 10–1104 of this subtitle.
(b)
A claimant may obtain the documentation described in § 10–1102 of this subtitle if the claimant provides in writing to the insurer:
(1)
The date of the alleged tort;
(2)
The name and last known address of the alleged tortfeasor;
(3)
A copy of any vehicle accident report, police report, or other official report concerning the alleged tort, if available;
(4)
The insurer’s claim number, if available; and
(5)
A letter from an attorney admitted to practice law in the State certifying that:
(i)
The attorney has made reasonable efforts to investigate the underlying facts of the claim; and
(ii)
Based on the attorney’s investigation, the attorney reasonably believes that the claim is not frivolous.
Md. Code Ann., Cts. & Jud. Proc. § 10-1104 (2026)
Title 10. Evidence
Subtitle 11. Prelitigation Discovery
§ 10–1104LinkCopy Citation
(a)
This section applies to a claim by the estate of a decedent who died as a result of an alleged tort or a beneficiary of the decedent.
(b)
A claimant may obtain the documentation described in § 10–1102 of this subtitle if the claimant provides in writing to the insurer:
(1)
The date of the alleged tort;
(2)
The name and last known address of the alleged tortfeasor;
(3)
A copy of any vehicle accident report, police report, or other official report concerning the alleged tort, if available;
(4)
The insurer’s claim number, if available;
(5)
A copy of the decedent’s death certificate issued in the State or another jurisdiction;
(6)
A copy of the letters of administration issued to appoint the personal representative of the decedent’s estate in the State or a substantially similar document issued by another jurisdiction;
(7)
The name of each beneficiary of the decedent, if known;
(8)
The relationship to the decedent of each known beneficiary of the decedent; and
(9)
A letter from an attorney admitted to practice law in the State certifying that:
(i)
The attorney has made reasonable efforts to investigate the underlying facts of the claim; and
(ii)
Based on the attorney’s investigation, the attorney reasonably believes that the claim is not frivolous.
Md. Code Ann., Cts. & Jud. Proc. § 10-1105 (2026)
Title 10. Evidence
Subtitle 11. Prelitigation Discovery
§ 10–1105LinkCopy Citation
(a)
An insurer shall provide in writing the documentation described under § 10–1102 of this subtitle within 30 days after the date of a request in accordance with § 10–1103 or § 10–1104 of this subtitle, regardless of whether the insurer contests the applicability of coverage to a claim.
(b)
An insurer, and the employees and agents of an insurer, may not be civilly or criminally liable for the disclosure of documentation required under this subtitle.
(c)
Disclosure of the documentation under this subtitle does not constitute:
(1)
An admission that a claim is subject to the applicable agreement between the insurer and the alleged tortfeasor; or
(2)
A waiver of any term or condition of the applicable agreement between the insurer and the alleged tortfeasor or any right of the insurer, including any potential defense concerning coverage or liability.
(d)
Documentation disclosed under this subtitle is not admissible as evidence at trial by reason of its disclosure under this subtitle.