Example Lawsuit in a Failure to Pay PIP or Med Pay

Below is a sample of a no-fault PIP lawsuit we filed against MAIF/Maryland Auto Insurance (the latter is the new name).

• Maryland PIP insurance and how it works
• The Maryland PIP statute

MICHELLE JACKSON
1234 Mountain Drive
Glen Burnie, Maryland 21601,

Plaintiff,
v.

MARYLAND AUTOMOBILE INS FUND (MAIF)
Served on:
Alfred W. Redmer, Jr.
Insurance Commissioner
525 St. Paul Place
Baltimore, Md 21202-2272,
Defendants.

IN THE DISTRICT COURT
OF MARYLAND
FOR ANNE ARUNDEL COUNTY (Annapolis)
CASE NO.: 0702-0000000-2005

COMPLAINT

Plaintiff, Michelle Jackson, (hereinafter referred to as the Plaintiff) by and through her attorneys Laura G. Zois and Miller & Zois, LLC brings suit against the Defendant, Maryland Automobile Insurance Fund (MAIF), and in support thereof states as follows:

COUNT I – BREACH OF CONTRACT – PIP BENEFITS

1. That at all times, Defendant, MAIF, was a corporation licensed in the State of Maryland to provide insurance including, but not limited to, Personal Injury Protection (PIP) coverage.
2. That on or before May 1, 2021, Defendant, MAIF provided a policy of insurance that included PIP coverage to Ally Marshall Jackson.
3. That on May 1, 2021, Plaintiff, Michelle Jackson, the mother of Ally Marshall Jackson, was a passenger in Ally Marshall Jackson’s vehicle that was involved in a motor vehicle collision in the State of Maryland.
4. That on May 1, 2021, Plaintiff was living with her daughter, Ally Marshall Jackson at 1234 Mountain Drive, Glen Burnie Maryland 21061.
5. That following the collision the Defendant, MAIF, forwarded counsel for Plaintiff an Application for Benefits under the PIP policy.
6. That on May 6, 2021, Plaintiff completed and signed the Application for Benefits and returned it to Defendant, MAIF.
7. That since May 6, 2021, the Plaintiff has demanded benefits due to her under the PIP policy from the Defendant, but Defendant has refused to pay.
8. That said denial is without justification.
9. That under Maryland Code, Section 19-508(c), payment of benefits that are not made within 30 days after the insurer receives satisfactory proof of claim, said benefits are overdue and shall bear simple interest at the rate of 1.5% per month.

WHEREFORE, the Plaintiff demands judgment against Defendant, MAIF for $5,000.00 plus costs, pre-judgment interest, and post-judgment interest as this Court deems appropriate.

Respectfully submitted,
Miller & Zois, LLC

Laura G. Zois
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
(410)760-8922 (Fax)
Attorney for the Plaintiff

Note: In Maryland, if you are filing a no-fault PIP lawsuit, the lawyer will lose money because of the time and effort to bring a no-fault lawsuit. The juice is never worth the squeeze. But sometimes, when you are fighting for a client, you have to do what you must to be a zealous advocate.