Ward v. Nationwide Mutual Automobile Insurance

I concur with the majority that “the law of the District of Columbia governing PIP coverage and PIP benefits is the controlling law in this case.” Majority Op. at 247. I dissent from the majority’s construction of the District of Columbia Code and specifically from the holding that “nothing in [§ 35-2105] or any other sections of the District of Columbia Code indicates that an insurer may deny a timely filed PIP claim because the claimant is pursuing a third party tort action.” Majority Op. at 250.

*255PIP under District of Columbia law is a separately purchased optional form of insurance. The PIP…