Josie, a St. Louis native, began her legal career at Harman Claytor after graduating from William & Mary Law School. Josie has experience practicing before both federal and state courts…
Ben’s practice focuses on the investigation and defense of catastrophic personal injury and property damage claims and insurance coverage disputes pending in state and federal courts in Virginia, Maryland, and…
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…
HCCW partner Tom Garrett recently prevailed on an appeal before the United States Court of Appeals for the Tenth Circuit. Higby Crane Serv., LLC, et al. v. National Helium, LLC, et al., Case Nos. 16-3271 and 16-3279 (10th Cir. Aug. 14, 2017). Higby Crane involved a subrogation action to recover amounts paid…
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…
Last Friday marked the close of the Supreme Court of Virginia’s September session. The Court issued three insurance coverage opinions addressing important issues: (1) vehicle “occupancy” and vehicle “use” for purposes of UIM Coverage (2) whether bad faith is a question for the judge or the jury; and (3) whether use of…
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…