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 threat of personal injury litigation is constant for trucking companies. Each time a tractor-trailer hits the open road, trucking companies expose themselves to an unpredictable amount of risk. In addition to seeking compensatory damages, plaintiffs often seek punitive damages in an attempt to maximize their recovery. The rationale behind awarding punitive damages…
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…
Stan Wellman has a broad civil litigation practice, which includes the areas of transportation and trucking, premises and products liability, construction, day care, defamation, sexual abuse, admiralty, aviation, toxic tort,…
Julie focuses her practice on defending professionals in malpractice cases and disciplinary complaints. She also represents individuals and businesses in a wide variety of tort and contract claims in state…
John Owen was born in East Liverpool, Ohio in 1970. He joined Harman Claytor in June of 2000. Prior to entering the practice of law, John served as vice-president of…