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CARTER v. STATE FARM MUT. AUTO. INS. CO.

Nos. 00-CV-848, 00-CV-1536.

808 A.2d 466 (2002)

Gloria CARTER, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and State Farm Fire and Casualty Company, Appellees. and State Farm Mutual Automobile Insurance Company, Appellant, v. Venus Tindle, et al., Appellees.

District of Columbia Court of Appeals.

Decided October 3, 2002.

Attorney(s) appearing for the Case

Jack Gold, Washington, DC, with whom Stuart Savett and Barbara Podell, Philadelphia, PA, were on the brief for appellant Carter.

Charles Gromly, was on the brief for appellee Tindle.

Michael Budow, Bethesda, MD, with whom Harry Hugh; and Richard Medway, Washington, DC, were on the brief for appellant/appellee State Farm Mutual Automobile Insurance Company, and State Farm Fire and Casualty Insurance.

Before GLICKMAN and WASHINGTON, Associate Judges, and NEWMAN, Senior Judge.

WASHINGTON, Associate Judge:

The question presented in these consolidated cases is whether the District of Columbia's Compulsory/No-Fault Motor Vehicle Insurance Act of 19821 ("No-Fault Act"), as amended, makes personal injury protection ("PIP") benefits a secondary source of insurance coverage to a claimant's primary health care coverage provided by a Health Maintenance Organization ("HMO"). In deciding this issue, we must first decide...

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