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Fisher v. Government Employees Insurance Co.

Affirmed a grant of summary judgment to an insurance company and held that D.C. Code section 35-2106(g), which is part of the D.C. no-fault insurance law, is not preempted by ERISA.

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The full case caption appears at the end of this opinion.

TERRY, Associate Judge: Vanessa Fisher was injured in an automobileaccident while insured by Government Employees Insurance Company(“GEICO”) under an automobile insurance policy which included personal injury protection (“PIP”) benefits. She sued GEICO for breach of contract,alleging that GEICO was liable to her under the policy for a particularmedical expense associated with the accident even though her healthinsurance plan, an employee welfare benefit plan regulated under theEmployee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. ��1001 et seq. (1994), had already paid the bill in full without requiring Ms.Fisher to pay either a co-payment or a deductible amount. Ms. Fishermaintains that D.C. Code � 35-2106 (g) (1997), part of the District ofColumbia no-fault insurance law, which prohibits an individual fromclaiming PIP benefits if he or she is eligible for compensation from anotherinsurer, is pre-empted by section 514 (a) of ERISA, 29 U.S.C. � 1144 (a).We disagree and therefore affirm.

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