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INSURANCE DEFENSE PRACTICE AREAS |
Appellate Advocacy
RTT’s lawyers have handled appeals in the Fourth, Fifth, Sixth, Eighth and Eleventh Circuit Courts of Appeal. We have also handled many state administrative appeals. One of our attorneys has handled more than 100 appeals in South Carolina alone.
Contact Bob Wood, Bob Thomas, Darra Coleman, Paul Platte or Bryan Barnes for more information
| Auto Accident Defense
RTT attorneys have trial experience in the area of trucking and transportation law covering more than half a century in duration. During this time, RTT attorneys have tried a wide range of civil cases to verdict in both state and federal courts of general jurisdiction including motor vehicle accident cases, wrongful death cases, prosecution and defense of declaratory judgment actions to resolve insurance coverage and other disputes, breach of insurance contract actions including allegations of bad faith, cases involving conversion and interference with property rights, Interpleader actions and cases involving catastrophic injuries.
Contact William Bowman, Bob Thomas, Darra Coleman, Charlie Gwynne or Steven Moon for more information
| Bad Faith Defense
RTT represents insurance companies wrongfully accused of withholding benefits as well as lien holders on property that was destroyed or damaged.
Contact Bob Thomas for more information
| Business Torts
RTT represents business organizations in disputes with other businesses and when they are sued by consumers. RTT litigators have handled commercial and business cases, including cases involving unfair competition, breaches of warranty, fraud, commercial foreclosures, receiverships, bankruptcy claims (creditors only), UCC Article 3 check claims, wholesale automobile dealership claims, timeshare disputes, and more. The firm also represents disappointed bidders on public projects seeking to have a contract award set aside or all the bids thrown out.
Contact Bob Wood, John Hearn or Steven Moon for more information
| Class Actions
With pro hac vice admissions, RTT has defended a number of putative class actions in South Carolina, North Carolina, Georgia, Florida, Illinois, New Jersey and nationwide (in Federal Court).
Contact Bryan Barnes, Paul Platte, Bob Wood or Kate Barroll for more information
| Community Association Litigation
RTT litigates an array of matters for community associations from construction and assessment collection to zoning issues. RTT also works closely with community associations to draft and amend governing documents. RTT has collected delinquent assessments for several communities. We currently represent more than 100 homeowners and condominium associations throughout the state. We also work with several property management companies to provide services to their community association clients.
Contact Ryan McCabe or Stuart Lee for more information
| Construction Defect Litigation
RTT has represented general contractors, subcontractors, design professionals, developers, consultants, material suppliers, and manufacturers in hundreds of construction defect claims. We have handled single-family residence cases, cases brought on behalf of homeowners’ and condominium associations as well as by the class of owners, and commercial and industrial cases. Our team has experience handling construction defect matters and includes two former subcontractors.
Contact Bryan Barnes, Ryan McCabe, Roy Shelley, Darra Coleman, Steven Moon, Charlie Gwynne or Geoff Osborn for more information
| Consumer Litigation Defense
As a South Carolina provider of default services to the mortgage banking industry, our lawyers encounter alleged violations of consumer protection statutes frequently. Sometimes our clients’ exposure is small; sometimes it is massive—but RTT attorneys craft defenses for our clients. Whether putative class actions complaining about the performance of a product or disappointed borrowers claiming some type of lender liability, RTT routinely defends claims from consumers or class representatives of consumers.
Contact John Hearn or Bob Wood for more information
| Coverage Litigation
RTT can investigate, evaluate and, if necessary, litigate insurance coverage cases. Whether it involves coverage opinions or Declaratory Judgment actions on Comprehensive General Liability, auto, homeowners, or other policies, we can handle disputes over insuring clauses, endorsements, exclusions and exceptions, as well as issues relating to application, trigger-of-coverage, allocation among multiple policies, in addition to extra-contractual claims such as fraud and bad faith.
Contact Roy Shelley, Bob Thomas or Bob Wood for more information
| Electronic Discovery
Following the December 1, 2006, revisions to the Federal Rules of Civil Procedure, discovery of electronically stored information (ESI) has become an increasingly important aspect of litigation. The attorneys of RTT appreciate and understand the key differences that separate traditional paper discovery and e-discovery. We work with our clients to develop organization-specific policies and procedures that will enable them to respond to requests for ESI.
Contact Geoff Osborn for more information
| Employment Practices Liability
Lawsuits are filed in federal court each year alleging civil rights violations of some kind. Of these, in a recent year, more than 24,000 were employment discrimination lawsuits against private employers. These numbers are expected to be even higher in the future. Many companies have turned to Employment Practices Liability Insurance (EPLI) to manage this risk. EPLI policies differ from Comprehensive General Liability (CGL) policies in several key ways. EPLI policies insure against liability arising from employment practices while CGL policies insure against claims for bodily injury and property damage—that is, tangible damages. Furthermore, intentional acts, as commonly claimed in employment suits, and bodily injury to employees arising out of and in the course of employment or out of performing duties related to an employer's business may be excluded under CGL policies. RTT has experience defending companies against employment claims and suits.
Contact Paul Platte or Darra Coleman for more information
| Environmental Litigation Defense
Environmental issues arising under federal or state law, such as CERCLA, RCRA, CAA, CWA and the South Carolina Pollution Control Act, can be both surprising and costly. Our Litigation Department can assist with enforcement actions and lawsuits, and our Transactional Law Department can assist with environmental issues that arise during development projects (such as testing and “brownfields” redevelopment).
Contact Roy Shelley, Stuart Lee or Steven Moon for more information
Environmental - Coal Ash and Coal Combustion Products
Many legal issues arise with the storage, reuse or other disposal of fly ash and other coal combustion products (CCP). Dealing with these issues, clients can face many legal challenges from contracting to transporting to environmental laws and occasionally litigation. RTT lawyers are educated on these issues and have helped clients address many of these concerns on a national scope.
Contact Bryan Barnes, Steve Moon, or Roy Shelley for more information
| General Liability Defense
Comprehensive General Liability (CGL) policies give rise to a variety of claims. RTT’s lawyers have been defending claims tendered to carriers by holders of CGL policies for 5 decades. The reporting, electronic billing, claims investigation and trial skills are all included in the services routinely provided by RTT.
Contact Bryan Barnes, Darra Coleman, Charlie Gwynne or Steven Moon for more information
| Government Liability Defense
Governmental entities are exposed to claims arising from premises liability, negligence, contract, worker’s compensation and employment disputes. RTT defends governmental entities in state and federal courts. Whether through mediation, arbitration, bench trial or jury trial, RTT has the experience to serve the legal needs unique to governmental entities.
Contact Darra Coleman for more information
| Mass Tort
Damages allegedly caused by toxic chemicals, latex gloves, construction products and a host of other allegedly dangerous or defective products have been defended by the RTT Insurance Defense Team. Where one product or event causes dozens or even hundreds of suits whether in South Carolina or in any state in the United States, the RTT Insurance Defense Team has experience investigating, finding experts and defending large blocks of claims by plaintiffs.
Contact Bryan Barnes or Steven Moon for more information
| Nursing Home Claims
RTT counsel has experience representing clients in this legal subject area that has rapidly become a darling of the Plaintiff’s bar. RTT counsel has resolved matters both before and after suit has been filed, as well as through alternative dispute resolution. This representation has included serving as defense counsel, coverage counsel and monitoring counsel for insurance carriers in litigation. Similarly, this representation has involved directly representing nursing homes or assisted living facilities in litigation, together with any affiliated entities such as management companies or parent and subsidiary corporations. This litigation has involved a broad range of issues such as claims of abuse and neglect by residents arising from alleged charting errors and omissions, medication administration, falls and other physical injuries, dehydration and/or malnourishment, development of decubitus ulcers, and the like, as well as claims by visitors and volunteers on the facility’s premises. This representation has also included individual personnel in legal matters ranging from being named individually in litigation to resolving licensing issues. This representation has also included resolution of disputes and negotiations with DHEC and CMS. RTT counsel is also available to provide advice regarding how to avoid litigation and claims, and how to prepare for litigation in those instances where a claim may be imminent. RTT counsel can also provide advice regarding how to create a legal structure for business, operations and ownership of nursing homes, assisted living facilities and any related service providers.
Contact Steven Moon for more information
| Personal Injury Defense
RTT’s Insurance Defense Team has represented a variety of insurance carriers in lawsuits alleging personal injuries from occurrences ranging from automobile accidents to product defects. RTT understands how to develop personal injury cases to evaluate the medical evidence, eyewitness accounts and affirmative defenses. Jury verdicts can vary greatly depending on which South Carolina County the lawsuit is pending. RTT’s litigation attorneys have handled cases throughout the state and have the experience to evaluate personal injury cases and limit exposure as much as possible for the insured.
Contact Roy Shelley, Bryan Barnes, Darra Coleman, William Bowman, Ryan McCabe, Charlie Gwynne, Steven Moon or Geoff Osborn for more information
| Products Liability Defense
RTT’s Insurance Defense Team has experience representing major national corporations, insurers and individuals in the defense of claims pertaining to products of all types. RTT understands and can communicate to judges, arbitrators and juries the often complex design and manufacturing issues that arise when a product causes injury to person or property. RTT has developed procedures for handling product liability claims in many areas of the country and through all levels of litigation.
Contact Bryan Barnes, Roy Shelley, Ryan McCabe, Steven Moon, or Geoff Osborn for more information
| Professional Liability
RTT is panel counsel for professional liability to one of the largest carriers in the world. Having defended lawyers, veterinarians, engineers, architects, accountants and other professionals, RTT knows where to go to find the experts and to present the case, whether for settlement or trial.
Contact Bryan Barnes, Bob Wood, Darra Coleman, or Steven Moon for more information
| Subprime Mortgage Litigation
The disintegration of the subprime mortgage market presents serious challenges—and serious litigation—for subprime lenders and their investors. As a South Carolina provider of default services to the subprime industry, RTT is positioned to advise clients affected by the subprime meltdown. Lawyers from our litigation, default services, real estate and title services departments collaborate to consult, advise and assist our clients in addressing a variety of subprime litigation issues. Our litigation practice allows us the flexibility to handle subprime disputes.
Contact John Hearn, Bob Wood, Paul Platte, Roy Shelley or Bryan Barnes for more information
| Surety Work
RTT has defended the interests of sureties in many different relationships: payment bonds, performance bonds, license bonds and fidelity bonds. RTT has represented the surety on jobs large and small, e.g. when a general contractor defaulted on seven commercial jobs at once across the state, and when a plumber’s $10,000 license bond was improperly claimed and many claims of sizes in between.
Contact Bryan Barnes, Roy Shelley, Geoff Osborn or Ryan McCabe for more information
| Tax Sale Litigation
All of our state’s 46 counties assess and collect annual taxes on the value of thousands of individual parcels of real property and on valuable personal property, such as manufactured homes. When those taxes are not paid, those counties then sell the property for the taxes owed, sometimes impairing our clients’ interests in the property sold. RTT can help.
Contact John Hearn for more information
| Timeshare and Condominium Litigation
RTT can handle condominium and timeshare litigation, particularly prosecuting and defending lawsuits about excessive assessments, excessive maintenance fees and excessive dues, the improper use of maintenance fees and dues and the developer’s obligations to maintain condominiums and timeshares. The attorneys of RTT have relationships with experts in engineering, construction and accounting who, together, can analyze, prosecute or defend all claims of this nature.
Contact Paul Platte, Bob Wood or Bryan Barnes for more information
| Title Insurance Claims Litigation
There is a myriad of complex legal issues and title defects that can arise in the context of real property transactions such as missing easements, lien disputes and forgery allegations. RTT lawyers have seen many, from something as small as an incomplete legal description, to something as large as the sudden appearance of a host of unexpected heirs. Our attorneys, with the help of our experienced title services personnel, identify, isolate and cure such title defects on behalf of lenders and title insurers alike. Often we are able to work with the title companies to offer both common and novel curative solutions that can be included within the foreclosure action itself-saving time and money. We also recognize that occasionally our clients will not be protected by the benefits of a title insurance policy or that our clients desire to secure marketable and not simply insurable title following the completion of a foreclosure action. In those situations, we work with our clients to evaluate their needs and provide them with all available resolution options.
Contact John Hearn, Michael Graham, Bob Wood, Bob Thomas or Jennifer Rubin for more information
| Trucking Accident Defense
Although the trucking industry is an integral part of our economy, trucking accidents often expose companies and carriers to damage claims far in excess of their reasonable value. Quick response and proper claims handling are essential for these claims. Whether it involves allegations of equipment value, driver error, improper logs, failed drug tests or other issues, RTT can provide defense to these claims.
Contact Roy Shelley for more information
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