Will the ACA Make Liability Insurance Cheaper in the Washington, DC Area?

By Cory Bilton Open enrollment for health insurance offered by the Affordable Care Act (“ACA”) recently wrapped up.  Initial reports indicate 7.1 million people have signed up for health insurance through the exchanges since the ACA enrollment started.  Many personal injury lawyers, myself included, are curious to see what effect the ACA will have on our clients.  Back when open …

Maryland Legislature Says “No More Free Bites” to Dog Owners

By Cory Bilton Chuck Berry, one of the pioneers of rock-and-roll, used to say, “Don’t let the same dog bite you twice.”  Although he probably wasn’t referring to legal liability, the quote closely resembles the common law “One Bite Rule.”  The rule says that the owner of a dog isn’t liable for injuries caused when the dog bites someone, so …

The Growing Impact of Predictive Modeling on Personal Injury Law

By Cory Bilton Numerous factors go into determining the value of an injured client’s case.  Initial injuries, cost and duration of medical care, long-term injuries, and the limitation of a person’s activities are just a few of the factors to consider in determining the value of a personal injury claim.  How about the injured person’s FICO credit score?  It’s not …

PIP and MedPay Subrogation in the Washington, DC Area

By Cory Bilton Following my post last week on Hubb v. State Farm, I’ve been thinking about how complicated PIP and MedPay claims can get in the Washington, DC, Maryland, and Virginia area.  It’s not complicated because the laws themselves are complex, but rather, it’s complex because each jurisdiction’s laws are different and many accidents involve more than one jurisdiction …

Hubb v. State Farm: Statutory Construction Can Be Used to Prove Anything

By Cory Bilton Last week, the DC Court of Appeals decided Hubb v. State Farm, a case involving subrogation of personal injury protection (“PIP”) benefits under Washington, DC law.  The Court held that PIP insurers in DC have the right to subrogate (or be reimbursed) from the proceeds received by an injured person from the wrongdoer.  This is not a …

Did the Nevils v. Group Health Plan Opinion Just Say What We’ve All Been Thinking?

By Cory Bilton The Supreme Court of Missouri recently decided Nevils v. Group Health Plan, Inc., holding that FEHBA does not pre-empt Missouri’s anti-subrogation law.  Google informs me that Jefferson City, Missouri, where the Supreme Court of Missouri is located, is roughly 930 miles away from the Washington DC area.  Despite the distance, Nevils could have a significant impact in …

2014 Bicyclist and Pedestrian Legislative Proposals in Maryland and Virginia

By Cory Bilton When I think January, I think bone-chilling temperatures, snow days, and gyms packed with people fulfilling New Years resolutions.  But January in the Washington DC metropolitan area also means the beginning of new legislative sessions in both Virginia and Maryland.  Every year, starting on the second Wednesday in January, the General Assemblies of both Maryland and Virginia …