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In Cincinnati Insurance Co. v. All Plumbing, Inc., Civil Action No. 12-851 (D.D.C. Oct. 18, 2013)(Kollar-Kotelly, J.), the Court held that Cincinnati Insurance's failure to properly reserve its rights and five-month delay in disclaiming coverage while controlling important actions in the insureds' defense preclude… Read More

This article presents insights into the management of workers’ compensation claims in the District of Columbia and Maryland. READ MORE Read More

Instituting a light-duty program can result in substantial savings. Many employers use some form of light duty program to limit long term exposures, and to encourage re-integration of disabled employees into the workplace. Some find it can be an effective component of the risk management plan by fostering safe work practice… Read More

By David B. Stratton In Floyd v. Bank of America Corporation, No. 12-CV-591 (D.C. July 11, 2013), the D.C. Court of Appeals affirmed the dismissal of a complaint under the District of Columbia Consumer Protection Procedures Act (the “CPPA”), addressing the issues of standing and failure to state a claim upon whi… Read More

Indemnity agreements are widely used in the construction and property management industries, and are “insured contracts” under the standard Broad Form CGL policy. In the District of Columbia, such agreements can operate not only to protect the indemnitee from vicarious liability, but also to shift liability for the inde… Read More

Can a landowner be held accountable for personal injuries caused by the intentional (or criminal) acts of third parties? In Maryland, the District of Columbia, Virginia and West Virginia, the answer is generally, no. Nevertheless, there are enough exceptions to this general rule that landowners could face extensive liabilit… Read More

While the District of Columbia possesses discretion over the imposition of punitive damages, the Due Process Clause of the Fourteenth Amendment prohibits the imposition of grossly excessive or arbitrary punishments on a tortfeasor (although because the District of Columbia is not a state, the analysis is under the Due Proce… Read More

Both Maryland and the District of Columbia recognize, as long-standing common law, the collateral source rule in the context of personal injury litigation. Maryland, for example, has recognized the collateral source rule for at least 112 years. See Norfolk Southern Ry. Corp. v. Tiller, 179 Md. App. 318, 327 (2008) (noting r… Read More