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…
Don’t pick up the tab before picking up the phone: Settling a claim without the insurer’s knowledge.
Sometimes we all need to be reminded of something we already know – if you think that someone else is going to pick up the tab for something, it’s probably best to check with that person before shelling out any of your money. The Fourth Circuit, in Perini/Tompkins Joint Venture v. Ace…
A construction contractor may be entitled to sovereign immunity from third-party claims for liability when performing work pursuant to a government contract. This immunity defense has been recognized in some form by both federal and state courts where the contractor followed the government’s plans and specifications and did not exceeded its authority…
We are now three years removed from the Supreme Court of Virginia’s Uniwest decision interpreting Virginia’s anti-indemnification statute, Virginia Code § 11-4.1. Yet, the enforceability of contractual indemnification clauses in construction contracts remains murky under Virginia law. In Uniwest, two contractual indemnification clauses were at issue, only one of which was enforceable. …
It is increasingly difficult for defendants to win at the demurrer stage in negligence cases in Virginia. A recent Virginia Supreme Court decision further eviscerated the power of the demurrer and confirmed the Court’s apparent change in direction on this issue, away from the requirement that Plaintiffs must allege proximate cause and…
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,…
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…