The attorneys of Varner & Van Volkenburg have represented insurers in their most complex, high stake coverage and bad faith matters throughout West Virginia. Our attorneys have been recognized for the highest quality representation of insurers in insurance coverage and “bad faith” actions, including excess insurance claims. We pride ourselves as being the “go to” firm for insurers for the most complex insurance related issues in West Virginia.

With decades of service, the attorneys of Varner & Van Volkenburg have participated in a multitude of insurance-related decisions by the West Virginia Supreme Court of Appeals and federal courts throughout West Virginia. Our attorneys continue to maintain an intimate knowledge of all courts, both state and federal, including the fifty-five (55) counties comprising the state courts in West Virginia.

Our firm believes in early case assessment and adjusts our staffing on individual matters accordingly to provide the highest value to our clients while always focusing on our clients’ needs and the control of costs; thereby allowing the clients’ goals to drive litigation strategies. The firm treats our clients’ expenses as if they were our expenses and conducts its litigation strategy accordingly. Our firm’s attorneys are active in national defense organizations, including:

• The American College of Trial Lawyers
• The American Board of Trial Advocates
• The Federation of Defense and Corporate Counsel
• Litigation Counsel of America
• Claims and Litigation Management Alliance
• DRI
• American College of Coverage Counsel

Our attorneys maintain leadership positions in these organizations confirming their standing in the national legal community. Our attorneys have tried well over a hundred cases to verdict in both state and federal courts, providing the assurance to our clients that their hardest cases will be resolved proficiently. In conjunction with the firm’s appellate practice group, we have been involved in some of the most significant, landmark insurance decisions over the past two decades. Individually, our insurance practice attorneys have been recognized for excellence by Martindale-Hubbell and West Virginia SuperLawyers as well as BestLawyers, where our attorneys have been recognized with the prestigious “Lawyer of the Year” award for insurance litigation for the past four years (2016-2019).

When a professional is faced with a legal claim, the impact can go well beyond the result of that case. At Varner & Van Volkenburg, P.L.L.C., we are sensitive to the lasting impact that a lawsuit against a professional can have on your business. Our attorneys have handled legal malpractice, accounting malpractice, broker liability and a range of other claims against professionals. We realize that discretion is required to minimize the impact of a potential claim and we stand ready to work towards early resolution of those claims, if required, or aggressively defend matter through trial if necessary.

Mass tort or class action claims can cause an initial shock to a business that realizes the potential downside risk and high value of the litigation. Consequently, these types of cases necessitate that the client’s best interests are protected to enable future prosperity. Varner & Van Volkenburg attorneys represent companies and insurers in the defense of mass tort/class action litigation in state and federal courts throughout West Virginia. These types of cases can vary widely from personal injury and toxic tort claims to bad faith allegations against insurers. The common denominator throughout these types of cases is the need for an experienced and responsive legal team to handle the difficulties that these cases often present.

Our attorneys and the team supporting them, work to create a realistic approach to these types of cases, taking into account the cost of the litigation and the risks attendant with the claims. Each mass tort and toxic tort claim is different and unique and our attorneys are prepared to address the range of potential strategies, including trial or early resolution through alternative dispute resolution. Regardless of the eventual strategy, our goal is provide our clients with the most cost-effective, successful resolution of their mass tort and class action claims based on the best interests of the client.

Our attorneys have gained a reputation for successfully navigating the most difficult work place injury and deliberate intent claims. We regularly defend companies faced with difficult claims and lawsuits involving catastrophic loss through fires and other accidents, including multi-plaintiff litigation. These types of cases require careful assessment of insurance, additional insured status, indemnity obligations as well as early assessment of potential fault of other parties. Our attorneys regularly defend deliberate intent claims, West Virginia’s statutory exception to the workers compensation bar, and are experienced in crafting defenses to the most problematic cases.

Our attorneys also are available to develop an emergency response program for companies to assure that they are proactive in gathering evidence necessary to confront high exposure claims and proactive respond to regulatory inquires through the Occupational Safety and Health Administration (“OSHA”).

Varner & Van Volkenburg, P.L.L.C. handle a wide variety of issues facing companies and entities involved in the construction industry. We also regularly serve as local counsel for companies involved in construction disputes in West Virginia. We represent builders, architects, contractors and subcontractors as well as engineers and insurance companies in a range of projects, both large and small. Our goal is to cost-effectively assist in the resolution of the dispute with the client’s primary goals, whether continuation of the project or full litigation, as the means to achieve the desired resolution. We also assist clients with assessment of risk through contract interpretation and the role of insurance and additional insured status can have on an entity.

Litigation involving business entities and interests can involve high stakes and may affect the future viability of a business’s operations. While litigation may be inevitable for business owners, we have been providing advice to West Virginia businesses and businesses from other jurisdictions performing work in the Mountain State for decades. We recognize the careful attention that must be provided to our client’s business interests. Our lawyers have a proud history of representing clients in the banking, coal and natural gas industries, and have also worked with many professionals and businesses through almost every conceivable type of business litigation. Through careful planning, we work with clients as partners to proactively avoid unnecessary litigation. If litigation is required, our attorneys have both brought suit on behalf of our business clients and defended business clients in all West Virginia Federal District Courts as well as the West Virginia state courts. Our attorneys are also experienced in taking matters through the arbitration process when necessary. When our clients are forced to move forward and initiate litigation to protect their interests, we believe in aggressively prosecuting suits with a detailed plan based on our client’s business goals, resources and needs.

Our attorneys have represented businesses in bad faith insurance claims; insurance coverage and declaratory judgment actions; professional malpractice claims including legal, medical, accounting, and architecture. We have also successfully represented insurance agencies and insurance corporations in resolving some of their most difficult claims in West Virginia. The firm has also successfully represented clients in contractual disputes, litigation concerning non-compete agreements, shareholder and partnership disputes and all types of construction defect claims. With the recent establishment of the West Virginia Business Court, the firm has been at the forefront of preparing its attorneys and clients to handle cases before the Court, including a successful handling of the first trial before the West Virginia Business Court. We approach each business dispute with an emphasis on providing cost-effective, efficient litigation to our business clients.

Estate is the commonly used and legal term to describe the collective assets and liabilities that one leaves after death. We view the practice areas revolving around Estates in three different categories: Planning, Administration, and Litigation. We encourage all of our clients and potential clients to engage in the planning area, because proper estate planning will lead to orderly administration and prevent litigation.

The planning of an estate is, in many ways, self-explanatory. The goal is to plan for how the estate is to be managed and distributed. Through the use of your Last Will and Testament, and perhaps a Trust, you can specify how you want your personal and real property distributed among your heirs.

Historically, minimization of taxes was one of the main reasons to ensure that you had a Last Will and Testament. With the recent increase in the exemption for federal estate taxation, that is less of a concern for most Americans. However, we believe that another group of Americans stands to benefit from planning by ensuring that the proper parties receive their intended portion of the respective Estate. If you pass away without a Last Will and Testament, the State of West Virginia’s laws dictate who gets your Estate. In the case of the “traditional family,” i.e., husband, wife, and joint children, the default laws of the State generally correspond with the individual’s desires, although they could often be improved upon. However, we believe that the “one-size fits all” approach of the default laws are generally not appropriate for situations involving single parents or second marriages and encourage anyone in those positions to seek planning advice.

Pre-death planning is also included in the planning of an estate. As part of your plan, you will want to set forth who will manage your finances if you become incapacitated or otherwise unable to manage them on your own. You will also want to specify who will make medical decisions on your behalf if you cannot make such decisions. You may also want to specify where you are to be buried and what type of memorial service you desire. Finally, you may want to specify what type of life-prolonging technologies may be utilized to benefit you. These goals are set forth through three documents: a Durable Power of Attorney, a Medical Power of Attorney, and a Living Will.

Our attorneys can assist you with your planning to help ensure that taxes, if any, are minimized, and the appropriate individuals receive your estate. Additionally, with their experience in litigation, they can help you prevent disputes regarding your estate and your Last Will and Testament by assisting you in recognizing trouble spots and potential conflicts. With proper planning, the next step, administration, will run more smoothly.

The Administration of the Estate refers to the process of submitting the estate to probate, collecting assets, paying creditors, distributing assets, and settling the estate. The person overseeing and managing the estate is the personal representative, referred to as an administrator or the executor. Depending on the size of the estate and its assets, this can be a simple or a complex process. The personal representative can contact and utilize legal representation for assistance with moving through the administration of the estate. Our attorneys work hand in hand with the personal representative to file the required documents with the Clerk of the County Commission, coordinate to ensure that creditors are paid, resolve disputes with heirs, and prepare the final and interim accountings of the estate.

The final area is Litigation, i.e., lawsuits involving an estate. These lawsuits can be contested claims against the estate, or more likely, assertions that the Last Will and Testament is improper and does not control or the personal representative has committed some wrong. Claims involving the Last Will and Testament are commonly referred to as “will contests.” Without proper planning, especially when “non-traditional” families are involved, the chances of such claims are heightened. Such claims require the experience of general civil litigation along with the ability to handle disputes that arise out of the parties’ historical knowledge and relationships. Our attorneys have the experience necessary to handle the litigation and personal aspects of such litigation, whether from a plaintiff or defense side.

Your estate matters. For that reason, you should engage in proper planning to ensure an orderly administration of the estate and prevent any litigation from upsetting your intentions. Feel free to contact our attorneys for assistance in any of the three areas of the estate.

Varner & Van Volkenburg attorneys have an extensive history of excellence in appellate practice, with notable successes in landmark decisions in West Virginia state and federal jurisprudence. The firm’s attorneys have argued before the West Virginia Supreme Court of Appeals, as well as the Fourth Circuit Court of Appeals and have been on brief to the United States Supreme Court in all West Virginia Federal District Courts and the 4th Circuit Court of Appeals. Our attorneys have also filed amicus curiae (“friend of the court”) briefs to support positions important to our clients in jurisdictions other than West Virginia, including jurisdictions such as the 9th Circuit Court of Appeals. Our appellate practice group has handled a broad array of cases including professional malpractice, complex family law, oil and gas litigation, insurance defense, insurance coverage matters, trial practice errors and complex real estate disputes.

Appellate advocacy demands a unique blend of experience and knowledge. There are times when even great trial lawyers may not fully appreciate the appellate issues, which could determine a successful outcome in the event an appeal is required. Our attorneys are adept at taking the “cold record” from previous counsel and handling a matter through the appellate process. Because the West Virginia Supreme Court of Appeals does not provide full appellate review of all decisions that are appealed, our attorneys have developed the necessary skills to carefully craft arguments for the maximum possibility of full appellate review based on their vast experience and keen understanding of current and historical decisions by the Court. Please contact Debra Varner at dtvarner@vv-wvlaw.com, if you would like to discuss your appellate options.

Toxic tort claims, such as asbestos related exposure claims and water contamination claims, present companies and their insurers with situations that can threaten the very existence and financial viability of a company. West Virginia laws, regulations and courts can often present unique challenges in litigating large, complex cases which are not present in other jurisdictions.

Our attorneys believe that early case assessment is critical in defending toxic tort claims. We assess the varying factors that may be present including fault of co-defendants, insurance related issues and the strength or weakness of the claims. Our attorneys have aggressively defended toxic tort claims, including class actions, over many decades, while at the same time, remaining focused on avoiding unnecessary costs through careful litigation management involving our clients.

Our attorneys have been active in the defense of clients facing asbestos related exposure claims and we also represent large natural gas and oil companies in difficult environmental exposure claims. Our experience includes the defense of coal companies from federal pneumoconiosis claims.