TT&H Attorney Jonathan Hogins Publishes Article on Virginia UM/UIM Law

Jonathan Hogins, a partner in Thomas, Thomas & Hafer, LLP’s (“TT&H”) Richmond, VA office, recently published an article entitled “Brown v. Kirkpatrick: The Possibility of Uninsured/Underinsured Insurance Payments Being Considered a Collateral Source.”  The article was published in the Spring 2024 edition of The Journal of Civil Litigation, Volume 36, Number 1.

 Jonathan’s article discussed the impact of a recent case decided by Virginia’s intermediate appellate court.  The issue in that case was whether an insurer’s waiver of its right to subrogation against a tortfeasor in the context of a UM/UIM claim precludes the insured-plaintiff from recovering the same amount from the tortfeasor.  A panel of judges from the intermediate appellate court initially held that an insured-plaintiff could receive a UIM payment and still pursue the tortfeasor personally for the same amount under Virginia law.  However, the intermediate appellate court subsequently reheard the case en banc and reversed. The issue may be headed to Virginia’s Supreme Court in the future.

The Journal of Civil Litigation is the principle publication of the Virginia Association of Defense Attorneys (“VADA”), a professional organization whose mission is to develop and support Virginia attorneys engaged in a civil defense practice in professional and ethical representation of their clients through education, communication and fellowship.  The Journal is published four times per year and contains in-depth articles on legal issues affecting civil defense practice, as well as summaries of trial court decisions not readily available from other sources.

TT&H is a civil defense firm that was founded in 1977 and has approximately 95 lawyers in 12 offices throughout the Mid-Atlantic region.  Jonathan Hogins can be contacted at (804) 566-3571 or jhogins@tthlaw.com.