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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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500 Weeks of TTD Benefits, Part 2

by Joe D. Delfino In a recent publication, we discussed the issue of what standard the North Carolina Industrial Commission and North Carolina Courts would use to interpret the provision of the North Carolina Workers’ Compensation Act dealing with the 500-week cap on weekly TTD benefits. By way of review, for workers’ compensation claims arising […]

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DOT/FMCSA Noteworthy Updates

Allen C. Smith, Austin R. Walsh On 2/7/22, the FMCSA’s Training Provider Registry went live. The Registry maintains a list of registered training providers and a record of all individuals who have completed entry-level driver training. State agencies will have access to the Registry to verify that commercial driver’s license (CDL) applicants have completed the […]

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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 Attorneys Selected for Inclusion in 2022 North Carolina Super Lawyers

North Carolina – January 13, 2022. Four attorneys from Hedrick Gardner were selected to the 2022 North Carolina Super Lawyers® list and four were selected as Rising Stars for 2022. Additionally, Patricia P. Shields was listed on the Top 25 Raleigh Super Lawyers list, the Top 50 Women North Carolina Super Lawyers list, and the Top 100 North […]

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Medicare Aims to Shut Down Non-CMS-Approved WCMSAs

The Centers for Medicare and Medicaid Services (CMS) issued an updated Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide – Version 3.5, on January 10, 2022. In that Reference Guide, CMS reiterated that submitting a WCMSA proposal for review is never required, but is recommended, as the WCMSA review process is “the only process that […]

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Hedrick Gardner Announces Attorney Promotions

Hedrick Gardner Kincheloe & Garofalo LLP, a leading regional litigation and dispute management law firm, is pleased to announce the promotions of Erika Eisenoff, Ross Bromberger, William Whitehead, Marcy Lamar, Emily Pappas, and Amanda Brookie McDonald.   “These 6 individuals perform excellent work for our clients,” said Hedrick Gardner’s managing partner Paul Lawrence. “We are excited to see their […]

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AB5: A New Standard for Worker Classification – Part 3

In several recent articles, we discussed the potential impact of AB5 (now referred to as California Labor Code § 2775). The law went into effect on January 1, 2020, addressing the classification of workers as employees or independent contractors.  Several lawsuits were filed challenging AB5. In one the California Trucking Association filed a lawsuit contending […]

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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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