Thompson, arose out of a Complaint for damages that Christina Thompson filed against State Farm Mutual Automobile Insurance Co. ("State Farm"). Ms. Thompson was in an automobile accident in Anne Arundel County, in which she was injured. Ms. Thompson settled her personal injury claim with the other driver for his insurance policy limits. Ms. Thompson then placed a claim for the remainder of her damages with her insurance company, State Farm, pursuant to her underinsured motorist coverage. State Farm denied Ms. Thompson's claim.

After State Farm declined coverage, Ms. Thompson filed a first party bad faith claim with the Insurance Commissioner, but the Insurance Commissioner found in favor of State Farm. Ms. Thompson then filed a Complaint for damages in the Circuit Court for Baltimore City, alleging that State Farm declined coverage in bad faith. She also requested a jury trial. State Farm filed a motion for forum non conveniens and moved that the case be transferred to Anne Arundel County, where the accident occurred.

Pursuant to Md. Code Ann., Cts. & Jud. Proc. § 3-1701, a first party insured has a cause of action against an insurance company who denies coverage in bad faith. Md. Code Ann., Courts & Jud. Proc. § 3-1701(j) provides the first party insured with a right to a jury trial in such a case, but the statute is silent as to the proper venue for the jury trial. While, Md. Code Ann., Cts. & Jud. Proc. § 3-1701, is silent on venue, it references Md. Code Ann., Ins. § 2-215(c), which permits a claimant to file a Petition in Baltimore City for judicial review of decisions made by the Insurance Commissioner.

The Court of Special Appeals had to decide whether Md. Code Ann., Ins. § 2-215(c) permits claimants to file suits under Md. Code Ann., Cts.& Jud. Proc. § 3-1701 in Baltimore City. It held that claims against an insurer who fails to act in good faith when declining coverage for a loss must follow the normal venue restrictions set forth in Md. Code Ann., Cts. & Jud. Proc. § 6-201. Unless otherwise allowable by law, claimants may not file declination of coverage cases in Baltimore City under Md. Code Ann., Ins. § 2-215(c).

The Court of Special Appeals found that the separation of powers doctrine prevents the judiciary from empaneling a jury to perform an agency's function because the Legislature only vested that power in the Maryland Insurance Commissioner. Therefore, with the limited exception of workers compensation, a statute allowing administrative review cannot also allow for a jury trial. Md. Code Ann., Cts. & Jud. Proc. § 3-1701 provides for a jury trial, while Md. Code Ann., Ins. § 2-215(c) provides for judicial review.

Since the two statutes could not be constitutionally reconciled, the Court of Special Appeals found that the two statutes were separate and provided for two separate causes of action. Since Ms. Thompson requested a jury trial, the Court of Special Appeals found that she filed a civil claim for damages under Md. Code Ann., Cts. & Jud. Proc. § 3-1701 and not a claim for judicial review. As such, she was subject to the normal venue restrictions and the Court of Special Appeals transferred the case to Anne Arundel County.