Scott Fisher was born and raised in Richmond, Virginia. He focuses his practice on defending public entities, constitutional officers, and their employees who are involved in litigation. Scott has successfully…
On March 21, 2019, Governor Northam signed Senate Bill 1619 into law, changing what remedies are available to a court faced with a potential litigant or a party who has recklessly deprived another party of evidence. The new statute provides: A party or potential litigant has a duty to preserve evidence that…
Britton was born and raised in Baton Rouge, Louisiana. Prior to joining Harman Claytor, Britton practiced at a Maryland law firm for several years representing financial institutions regarding collections and…
A broad overhaul of Virginia Code § 38.2-2206 (Virginia’s Underinsured Motorist Statute) will result in new rights and responsibilities for claimants, tortfeasors, liability carriers and underinsured motorist carriers in settling claims. The most significant of these changes is that a liability insurer and a plaintiff may settle a claim and release the…
In Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit recently affirmed a federal district court’s determination that a class action lawsuit arising out of a medical records safekeeping firm’s alleged failure to safeguard confidential medical records triggered an insurer’s duty to defend under a policy that afforded coverage…
The Supreme Court of Virginia recently affirmed a Circuit Court’s Order denying plaintiff’s motion to set aside the default judgment she obtained against the defendant, even though the defendant was never properly served with the summons and complaint. Sauder v. Ferguson arose out of an October 2009 motor vehicle accident. Susan Sauder…
Your trucking company probably dispatches drivers into multiple states, or maybe even nationwide. During your drivers’ travels, accidents are going to happen. Sometimes your driver is at fault, and sometimes the other driver at fault. Other times, both drivers are at fault in the accident. No matter what, a traffic ticket is…
A recent case from the United States District Court for the Eastern District of Virginia, Richmond Division, held that an insurer’s underinsured motorist coverage limit totaled $500,000, effectively raising the total available coverage in connection to a motorcycle accident by $250,000. The UIM carrier had argued that its UM/UIM limit totaled only…