Law Summary

III. SELECTED IMMUNITIES

1. Parent-Child:
   
   Maryland continues to apply the parent-child immunity rule to bar claims by minor children against their parents and by parents against children based on negligence. The immunity does not apply if the child is emancipated or if the parent's conduct is cruel, inhuman, wanton or malicious; Eagan v. Calhoun, 347 Md. 72, 698 A.2d 1097 (1997); Renko v. McLean, 346 Md. 464, 697 A.2d 468 (1997); or under circumstances where the litigation would not affect family harmony or parental discipline. Bushey v. Northern Assurance Co., 362 Md. 626, 766 A.2d 598 (2001) (parent-child immunity doctrine did not bar parents' claim for underinsured motorist benefits (UIM) on behalf of one child who was killed as a passenger in an automobile accident caused by the other child where both children were killed in the occurrence).
   
   
   1. Exception: By statute, the Maryland Legislature has provided that the claim of a parent against a child or of a child against a parent for "wrongful death, personal injury, or property damage arising out of the operation of a motor vehicle" may not be restricted by the doctrine of parent-child immunity or by any insurance policy provisions, "up to the limits of motor vehicle liability coverage or uninsured motor vehicle coverage." Maryland Courts & Judicial Proceedings Code Annotated §5-806. Allstate Insurance Co. v. Kim, 376 Md. 276, 829 A.2d 611 (2003).
      
      
2. Husband-Wife:
   
   Interspousal immunity in negligence cases was abrogated in Maryland by the decision in Boblitz v. Boblitz, 296 Md. 242, 462 A.2d 506 (1983). Although after Boblitz, Maryland permitted interspousal immunity as a defense in intentional tort cases, the doctrine has now been abrogated in all cases. Bozman v. Bozman, 376 Md. 461, 830 A.2d 450 (2003). As a consequence, Maryland law does not prohibit suits between husbands and wives.