Uninsured and Underinsured Motorist Insurance (Online Seminar)

A pre-recorded streaming video replay of the September 2018 webcast, Uninsured and Underinsured Motorist Insurance.

Virginia is among a handful of states requiring insurance carriers to provide uninsured and underinsured (UM/UIM) coverage to those buying normal liability insurance for their vehicles. Of course, if every owner and driver complied with the separate requirement to have their own primary liability insurance, UM/UIM insurance would be unnecessary. But drivers do drive without insurance—according to the Insurance Resource Council, approximately one in every seven is uninsured—and they do get into accidents for which they are at fault. UM/UIM insurance is provided to compensate those they injure or damage, providing the injured party the opportunity to claim against their own insurance carrier.

These insurance policies differ in significant respects from the “normal” insurance policies with which attorneys are very familiar. This seminar is designed to provide participants with the basic information necessary to effectively represent any of the parties to a UM/UIM incident. In addition, our experienced speakers will address the following issues:

• What is the definition of an “uninsured” motorist, and of an “underinsured” motorist?
• May an insured driver decline uninsured motorist insurance?  How is it accomplished?
• What about an out-of-state driver who causes an accident in Virginia?  An insured Virginian who is hit by an uninsured motorist outside Virginia?
• Can an insured collect for situations other than the traditional auto accident?
• How does the relationship between an insured and the insurer change when the insured attempts to recover under the uninsured motorist policy?
• Can a passenger injured in an accident with an uninsured motorist seek recovery against both the host driver’s UM/UIM policy and the passenger’s own UM/UIM policy?

ABOUT THE SPEAKERS

Phillip V. Anderson, Frith Anderson & Peake PC / Roanoke

Phillip Anderson’s general civil litigation practice is concentrated in the areas of professional liability, general property and casualty, insurance coverage, and commercial litigation. He handles complex litigation including personal injury and wrongful death litigation arising from product liability, general liability and automobile and transportation actions, as well as professional liability, construction defect, and insurance coverage litigation. He also regularly advises clients on issues involving questions of insurance coverage.  Mr. Anderson has tried cases in state and federal courts throughout western and central Virginia. He has handled appeals to the U.S. Court of Appeals for the Fourth Circuit and the Supreme Court of Virginia. He is a permanent member of the Judicial Conference of the United States Court of Appeals for the Fourth Circuit and serves as president of Frith Anderson & Peake PC. He also is president of the Ted Dalton American Inn of Court, which is a litigation Inn of Court.

Mark G. Carlton, Harman, Claytor, Corrigan & Wellman / Richmond

Mark Carlton was born in Roanoke, Virginia. He received his B.A., magna cum laude, in 1996 from Virginia Commonwealth University and his J.D., magna cum laude, in 1999 from the George Mason University School of Law. He was admitted to the Virginia State Bar in 1999 and has also been admitted to the United States District Court for the Eastern and Western Districts of Virginia and the Fourth Circuit Court of Appeals. Mr. Carlton began his legal career as law clerk for the Circuit Court for the City of Norfolk. He joined Harman Claytor in August of 2000 and is a member of the Virginia, Richmond, and Henrico County Bar Associations, the Virginia Association of Defense Attorneys, and the Defense Research Institute. He concentrates his practice on insurance coverage litigation and has written and lectured on various aspects of Virginia insurance law.