Argued: May 10, 2016
Court for Montgomery County Case No. 361484V
Barbera, C.J., Greene, Adkins, McDonald, Watts, Harrell,
Glenn T., Jr. (Retired, Specially Assigned), Battaglia, Lynne
A. (Retired, Specially Assigned), JJ.
somewhat greater frequency than Halley's Comet becomes
observable to the naked eye from Earth,  this Court will
adopt, in whole or in part (and without substantive change),
an opinion of the Court of Special Appeals because we agree
with its resolution of the matter and cannot improve often in
any material way upon its analysis. The opinion of the Court of
Special Appeals in the present case, Allstate Ins. Co. v.
Kponve, 225 Md.App. 370, 124 A.3d 1147 (2015), is such a
nonpareil. Its explication and application of the
relevant law to the questions presented to it is spot-on. The
denouement of the opinion represents an elegant balance of
justice and law.
the questions presented to this Court and the intermediate
appellate court differ slightly, we elaborate briefly on that
point alone. We granted Austria Kponve's Petition for a
Writ of Certiorari in this case to consider the sole question
of whether Allstate Ins. Co. v. Miller, 315 Md. 182,
553 A.2d 1268 (1989) remains good law in Maryland, in light
of the Court of Special Appeals's opinion in the present
case. The parties disagree, of course, on the correct
response to this query and, thus, we make clear our answer
that Allstate Ins. Co. v. Miller, remains sound law.
The Court of Special
in answering a different question put to it by the
parties, concluded that:
Allstate was never sued in contract and therefore we are
dealing with a tort case, pure and simple and not, as in
Miller, with what was "functionally . . . a
tort case." In a tort case, regardless as to whether
policy limits are disputed, the amount of uninsured motorist
coverage is irrelevant-those limits would only have relevance
if it was necessary to bring a breach of contract action
against Allstate. There is no language in Miller
that supports [Kponve's] position or bolsters the
(implied) position of the trial judge in this case. Instead,
the Miller case makes clear, that Allstate did not
have the burden of proof as to contract damages in a tort
case such as this.
Kponve, 225 Md.App. at 387-88, 124 A.3d at 1157-58.
We do not perceive that the Court of Special Appeals
disregarded or diminished, as Petitioner suggests, the
vitality of the holding and reasoning in Miller.
Rather, recognizing that the present case proceeded entirely
as a tort action, and not a contract action, the judgment of
the Court of Special Appeals, through its sound reasoning,
placed, upon remand, this case on the correct Miller
OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS TO BE PAID BY
 Halley's Comet comes close enough
to Earth to be visible about every 75-76 years.
See, e.g., TIG Ins. Co.
v. Monongahela Power Co., 437 Md. 372, 86 A.3d 1245
(2014); Sturdivant v. Maryland Dep't of Health &
Mental Hygiene, 436 Md. 584, 84 A.3d 83 (2014);
Sherrard v. Hull, 296 Md. 189, 460 A.2d 601 (1983);