On January 8, 2025, the South Carolina Supreme Court issued an opinion holding that a first-party insured who alleges bad faith against their UIM carrier cannot also maintain a separate cause of action for negligence. In Hood v. United Services Auto Association, the plaintiff Therese Hood (“Hood”) originally brought suit against Antonie Johnson (“Johnson”) for […]
Hedrick Gardner is pleased to announce the promotion of six attorneys across its offices. “These attorneys consistently deliver outstanding results for our clients,” said Paul Lawrence, managing partner at Hedrick Gardner. “Their dedication and stellar client service continue to drive our firm’s success.” The following attorneys have been elevated to partner: Additionally, four attorneys have […]
The North Carolina Supreme Court issued a broad opinion in North State Deli v. Cincinnati Ins. Co. on December 13, 2024, where it broke from the vast majority of jurisdictions and determined that COVID shutdown orders constituted a “direct physical loss” triggering first-party property coverage and recovery of supplemental business income. Importantly, “direct physical loss” […]
On Friday, December 13, 2024, our Supreme Court issued a decision in Sturdivant v. N. Carolina Dep’t of Pub. Safety, which affirmed what the North Carolina Legislature has already confirmed: the “total loss of wage-earning capacity” required for an employee to qualify for extended disability benefits (beyond 500 weeks) means “the complete elimination of the capacity […]
The SMART Act requires CMS to annually review the costs associated with the collection of Medicare conditional payments and set forth a threshold amount applicable to settlements, judgements, awards, or other payments (TPOC amount) for which it will not seek recovery. The threshold amount for 2024 was $750.00. On December 16, 2024, CMS announced the same […]
The North Carolina Industrial Commission (Full Commission) recently reached a decision in a COVID-19 occupational disease workers’ compensation claim. This decision has not been appealed, giving guidance as to handling and defending of similar claims. Case Overview Key Facts Commission’s Ruling The Full Commission determined that the plaintiff failed to prove: Significance of the Ruling […]
by Salvatore Popolillo III Contractors and businesses that subcontract work need to exercise caution in choosing subcontractors, and failure to do so could result in liability for on-the-job injuries of a subcontractor’s employees. Although employers are required to obtain a valid and current Workers’ Compensation policy, some employers, particularly smaller subcontractors, do not. Generally, under […]
Hedrick Gardner is proud to announce that Raleigh Partner Catherine Lee was selected for inclusion in the 2024 edition of the North Carolina Lawyers Weekly Employment Law Power List. One of 31 attorneys selected for the list, Catherine is a partner in our Raleigh office where she focuses her practice on administrative and employment law. […]
The North Carolina Supreme Court has long recognized that an employee’s injury caused by their own negligence act, cannot, in itself, bar their workers’ compensation claim. This principle is outlined in Hartley v. N.C. Prison Department, 258 N.C. 287, 128 S.E.2d 598 (1962). In that case, Mr. Hartley, a prison guard, was on his way […]
Excluding Expert Exchanges: Protecting Attorney-Expert Communications Recently, the South Carolina Rules of Civil Procedure were amended to add a protection that is already recognized by federal courts: the Attorney-Expert protection. The newly added Rule 26(b)(4)(D) of the South Carolina Rules of Civil Procedure, which is short-titled, “Trial-Preparation Protection for Communications Between a Party’s Attorney and […]
