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April 2018 Archives

Norris Named the Best Lawyers 2018 Litigation - ERISA "Lawyer of the Year" in Charleston, WV

Jenkins Fenstermaker, PLLC is proud to announce that Charlotte Ann Hoffman Norris has been honored as the Best Lawyers® 2018 Litigation - ERISA "Lawyer of the Year" in Charleston, WV's metropolitan area. Based on peer evaluations, this award shows that Charlotte's peers recognize her 26 years of exemplary work in the area of ERISA litigation in employment law as outstanding in that practice area.

Scarr Named Best Lawyers 2018 Charleston, WV Litigation - Construction "Lawyer of the Year"

Jenkins Fenstermaker, PLLC, proudly announces that Best Lawyers® has recognized Thomas E. Scarr as the 2018 Charleston, WV Litigation - Construction "Lawyer of the Year." This recognition is based on peer reviews, showing Tom's skill in construction litigation in West Virginia has earned the respect of esteemed colleagues in this practice area.

Golder Named Best Lawyers 2018 Charleston, WV Commercial Transactions and UCC "Lawyer of the Year"

Jenkins Fenstermaker, PLLC is proud to announce that Stephen J. Golder, head of the Business Services Section, has been named the 2018 Charleston, WV Commercial Transactions and UCC "Lawyer of the Year" by Best Lawyers in America©. In addition to this prestigious title, Steve has previously been selected for inclusion in Best Lawyers® for his work in four additional business law practice areas: Business Organizations (including LLCs and Partnerships), Corporate Law, Mergers and Acquisitions Law, and Real Estate Law.

WV MUNICIPAL LIABILITY: WV'S TORT CLAIMS ACT AND MUNICIPAL IMMUNITY LAWS

Municipalities in West Virginia (WV) face a unique set of challenges when it comes to defending potential lawsuits. After all, the costs related to litigation and possible liability can hurt the financial well-being of even the largest city, making WV municipal liability insurance a necessity. However, due to the inherent risks shouldered by WV cities--and the resulting inability to procure affordable liability insurance due to these risks--state lawmakers created the Governmental Tort Claims and Insurance Reform Act.

WV Employers' Workers' Compensation Duties

West Virginia (WV) employers know that handling workplace injuries properly is a serious issue. There are certain procedures that employers should follow when an employee is injured on the job. In order to ensure a smooth workers' compensation claim process, the employer must fulfill certain responsibilities. This article examines WV employers' workers' compensation duties after workplace injuries.

CGL OVERVIEW: WHAT DOES CGL COVER

Employers know that good insurance coverage--including commercial general liability (CGL)--is an important part of protecting their companies from unexpected liabilities. Making sure that an insurance policy provides the necessary coverage can be confusing and stressful. Approximately 30 percent of small business owners rated liability insurance as their second largest insurance concern, according to a 2004 survey by the National Federation of Independent Business. The following discussion provides a brief overview of CGL coverage.

WV INSURANCE FRAUD CONTINUES AMID CHANGING PUBLIC PERCEPTION

Over time, we have seen a change in the public's perception and attitude toward insurance fraud, as evidenced by the Insurance Research Council's (IRC) surveys. In 2003 and 2013, IRC released the results of their survey on people's level of acceptance of insurance claim fraud, and such results were representative of the entire adult population in the U.S., including West Virginia (WV). Overall, the IRC found a nine percent decrease in consumer acceptance of insurance fraud. However, WV insurance fraud remains to be an issue, as 10 percent of Americans continue to believe that insurance fraud doesn't hurt anyone.

Common Problems in Insurance Coverage Disputes

There are specific procedural mishaps that are common to many insurance coverage disputes. Fortunately, with awareness, insurance companies and businesses can actively avoid many of these problems. It also helps to have professional legal assistance from a lawyer experienced in insurance coverage lawsuits and claims. If you do business in West Virginia (WV), Kentucky (KY), or Ohio (OH), the attorneys at Jenkins Fenstermaker, PLLC can help you avoid common problems in insurance coverage disputes.
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