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Civil Litigation

NC Court of Appeals Clarifies Calculation of Underinsured Motorist Coverage

by Austin Walsh On 5/3/22, the North Carolina Court Appeals published its decision in Tutterow v. Hall, et al. and changed the way Underinsured Motorist (UIM) carriers calculate the coverage available for UIM claims.  The holding gives UIM carriers a credit for all liability policies when tendered, not just the first liability policy that offers […]

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Reposition Your Thoughts About Repose

by Ross Bromberger What happens when an owner brings a lawsuit against its former general contractor six years to the day from substantial completion?  Or if the owner brings a suit one month before the claim is barred by North Carolina’s statute of repose but the complaint is not served until more than six years […]

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Pump the Brakes Before Departing

by Williams B. Britt According to the Federal Motor Carrier Safety Administration, there were 1,759,961 large truck and/or bus inspections in 2020.1 These inspections were conducted predominately at the state level and were for a multitude of reasons, i.e. related such as inoperable tail lights. In fact, out of the 1,759,961 vehicle inspections, four out […]

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N.C. Farm Bureau v. Dana: Bringing Common Sense Back to Underinsured Motorist Law

by Austin R. Walsh North Carolina – On 12/17/21, the NC Supreme Court issued its opinion in North Carolina Farm Bureau Mut. Ins. Co., Inc. v. Dana i, which clarifies the maximum underinsured motorist (UIM) coverage available to claimants regardless of whether the liability coverage was exhausted based on the per-person or per-accident policy limits. […]

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Hedrick Gardner Recognized as a Best Law Firm by U.S. News – Best Lawyers® 2022

November 4, 2021. Hedrick Gardner Kincheloe & Garofalo LLP received several top rankings in the U.S. News – Best Lawyers® 2022 “Best Law Firms” report. The firm received Tier 1 regional rankings, the highest category awarded, in eight categories. The full firm report is as follows: Metropolitan Tier 1 Charlotte: Insurance Law Personal Injury Litigation – Defendants […]

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Centers for Medicare and Medicaid Services (CMS) Maintains $750 Reporting Threshold

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, judgments, awards, or other payments (TPOC amount) for which it will not seek recovery. The threshold amount for 2020 was $750.00. On November 25, 2020, CMS announced the […]

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SC Supreme Court Provides Framework for Contesting Coverage of Construction Defect Jury Verdicts in Declaratory Judgment Actions

In Ex Parte: Builders Mutual (In Re: Palmetto Pointe v. Island Pointe), Opinion No. 27970 (May 13, 2020), the South Carolina Supreme Court held Insurers did not have a right to intervene in a construction defect action for the limited purpose of participating in the preparation of the verdict form to allocate damages, finding the proper […]

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COVID-19: Operations Update for South Carolina Courts

South Carolina courts have taken several precautionary measures in response to the spread of COVID-19. The following measures have been put in place for Circuit Court and Magistrate’s Court: By Order of the Supreme Court dated March 18, 2020, all scheduled terms of court are canceled until May 1, 2020. This includes jury trial terms, non-jury trial […]

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