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  • May 5, 2016

Robert Ferguson Honored as a “Leader in Law”

On May 5, 2016, The Daily Record presented Ferguson, Schetelich & Ballew’s President, Robert L. Ferguson, Jr. with its “Leadership in Law” award at a banquet in Annapolis. The award honors “active mentors, fostering strong, future generations of professional and community leaders.” Recognizing Mr. Ferguson’s significant and ongoing commitment to the Maryland legal community, as well as a number of other honorees, the Daily Record’s Suzanne Fischer-Huettner said in a press release that honorees “work tirelessly to uphold high legal standards and improve communities throughout Maryland.” The Leadership in Law Award required significant support from the legal community. In support…

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  • July 14, 2015

Robert L. Ferguson, Jr. and Ann D. Ware Win Case of First Impression on Construction Insurance Coverage

In March, we posted an article reporting that Robert L. Ferguson, Jr. had argued a question of first impression before the United States Court of Appeals for the Fourth Circuit.  At issue was a standard ISO insurance endorsement used extensively by contractors and subcontractors that defines when the subcontractor’s insurer must provide a defense to a general contractor as an additional insured. Although this ISO endorsement (CG-20-10-07-04) was in wide use, Maryland case law had never determined the question of whether an insurer is required to defend the additional insured when the Complaint, upon which a defense and indemnity is…

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  • June 24, 2014

Under Maryland Law, the Insurer has the Right to Select Defense Counsel Notwithstanding a Reservation of Rights for Non-Covered Claims

Conflicts between the insurer and the insured can arise from the fact that the duty to defend is much broader than the duty to indemnify. The insurer’s distinct and independent duty to defend its insured is triggered by claims that give rise to the “potentiality” of indemnification under the policy[1]. Litz v State Farm Fire & Casualty Co., 346 Md. 217, 695 A.2d 566 (1997); Fireman’s Fund v Rairigh, 59 Md. App. 305, 320, 475 A.2d 509, 516, cert denied, 310 Md. 176 (1984); Rivera Beach Vol. Fire Co., Supra. As the Maryland Court of Appeals held in St. Paul…

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