The Maryland attorney general later questioned whether the 2012 law extended to DFS and has asked the legislature to
provide clarity on this point, leaving some doubt in the state.
The Supreme Court in Tercon sought to provide
some clarity on this point by «laying to rest» the doctrine of fundamental breach (at least as it relates to exclusion clauses) and imposed a three step test to determine whether a party can rely on an exclusion clause in a contract.