“Spousal Immunity” in Maryland
Published .
The general concept
Spousal immunity once barred many tort claims between married people. Maryland has abolished that broad bar, so marriage alone does not prevent one spouse from suing the other for an injury. The change does not guarantee insurance coverage or eliminate ordinary defenses.
How Maryland applies it
Maryland first rejected interspousal immunity for negligence claims and later abolished the doctrine in its entirety. A spouse may therefore bring a negligence or intentional-tort claim against the other spouse, subject to the same elements, defenses, and proof requirements that apply to other claims. In an auto case, a household or family-member exclusion in an insurance policy may raise a separate coverage issue; the existence of a claim and the availability of insurance are different questions. Spousal evidentiary privileges are also separate doctrines and do not restore tort immunity. The date and circumstances of the injury, the type of claim, and the policy language should be checked in any specific dispute.
Related Maryland Cases and Authorities
Boblitz v. Boblitz, 296 Md. 242 (1983); Bozman v. Bozman, 376 Md. 461 (2003); Lusby v. Lusby, 283 Md. 334 (1978).