Jeff Van Volkenburg

Jeff Van Volkenburg is a partner and his practice is focused on the defense of corporations, insurance companies and individuals throughout West Virginia state and federal courts, including in the areas of insurance coverage, toxic tort defense, oil and gas litigation, wrongful death, professional liability, deliberate intent, personal injury, construction law and municipal law. Jeff has been recognized as a Rising Star by West Virginia SuperLawyers numerous times. He has also been repeatedly recognized by BestLawyers©, including as a recipient for the “Lawyer of the Year” for Insurance – Litigation in the Morgantown area for 2019.

Admitted to Practice

• West Virginia (2006)
• United States Federal District Court for the Southern District of West Virginia (2006)
• United States Federal District Court for the Northern District of West Virginia (2008)
• Fourth Circuit Court of Appeals (2011)
• United States Supreme Court (2014)

Education

• The College of Wooster, B.A., History
• Duquesne University College of Law
• Served as an Executive Editor of the Duquesne University Business Law Journal
• Recipient of ABA Award for Excellence in the Study of Labor and Employment Law

Recognitions and Awards

• 2019 BestLawyers© Lawyer of the Year – Insurance – Litigation
• 2013-2018 – Repeated Recognition by SuperLawyers as Rising Star
• Defense Trial Counsel of West Virginia – Previous Young Lawyer of the Year Award

Relevant Professional Experience

• Shareholder - McNeer, Highland, McMunn & Varner, L.C. (2007-2019)
• Attendee of The IADC Trial Academy at Stanford University
• Attendee of The University of Virginia Trial Advocacy College
• Law Clerk for the Honorable John L. Henning, Circuit Court of Randolph County, West Virginia
• Summer clerkship with Pennsylvania Superior Court.

Professional Organizations

• Defense Research Institute (DRI) – current member of the Insurance Law Steering Committee
• Previous Chair of the Young Lawyer Section within DRI’s Insurance Law Committee
• Previous Chair of the Committee on Professionalism and Civility for Young Lawyer Steering Committee
• Previous Vice-Chair of Committee on Professionalism and Civility for Young Lawyer Steering Committee
• Previous Chair of Expert Witness Database Subcommittee for Young Lawyer Steering Committee
• Previous Vice-Chair of Expert Witness Database Subcommittee for Young Lawyer Steering Committee
• Defense Trial Counsel of West Virginia (DTCWV) – current member of the Board of Governors (2016-present)
• Previous Chair of the Young Lawyer Committee

Representative Cases

• Hinkle v. Matthews, 2016 WL 3945734 (S.D. W.Va. 2016)
• Gains v. Cumberland Partnership, 2013 WL 6152105 (Memorandum Decision)
• Lindsay v. Attorneys Liability Protection Soc., Inc., 2013 WL 1776465 (Memorandum Decision)
• Hagy v. Equitable Production Co., et al, 2011 WL 1627920 (S.D. W.Va. 2011)
• Ruckdeschel v. Falcon Drilling Co., LLC, et al, 693 S.E.2d 815 (W. Va. 2010)
• Chicago Ins. Co. v. Health Care Indem., Inc., 2010 WL 3064429 (S.D. W.Va. 2010)

Publications

• “Effectively Responding To Novel Arguments By Policyholders And The Conundrum Of Public Policy Arguments In Cases Involving Underinsured Motorist Benefits” with Jason Montes and Allison McClure, Defense Research Institute, For The Defense Magazine (2014)
• “The Varying Approaches Concerning When Independent Counsel is Required For An Insured” DRI Today (October 2013)
• “Cherington v. Erie Insurance Property & Casualty Co.: Defective Workmanship Claims Deemed To Constitute An ‘Occurrence In West Virginia’” DRI Blog (Posted October 10, 2013)
• “Ethical Considerations in Negotiations of Settlements with Medicare Liens” DRI Today (April 2013)
• “Small Manufacturers Face Big Problems: Where An Employee Wears Too Many Hats In Product Liability Litigation” with Robert W. Trumble and Jonathan Wertman. IADC Newsletter (Oct 2011)
• “An Ounce of Prevention” with Michael D. Crim, IADC Newsletter (Sept 2011)
• “The West Virginia Standards of Professional Conduct: The Cliff Notes on Practice” Defense Trial Counsel of West Virginia Journal (2011)
• “Five Key Considerations for the Young Attorney To Use In Selection of Expert Witnesses” with Anne Laurie McClurkin, DRI Whisper (2011)
• “After the Marcellus Rush” Defense Research Institute, For the Defense Magazine (April 2011)
• “A Lawyer’s Role in the Aftermath of the Massey Coal Decision” with Michael D. Crim, IADC Defense Counsel Journal, Volume 77, No. 2, April 2010
• “The ABC’s of Real World Legal Ethics for the Young Practitioner” DRI Whisper (2009)
• “If It Bleeds, It Leads” with James A. Varner, Sr. Federation of Defense & Corporate Counsel, FDCC Quarterly, Winter 2009
• “Asleep at the Switch: The Pennsylvania Public Utility Commission’s Acceptance of the Telecommunications Act and the Resulting Elimination of State Court Review” Duquesne Law Review, Summer 2007, Volume 45, No. 4
• “What Public Education Should Learn From Major League Baseball: spending caps, luxury taxes and fiscal accountability” Thurgood Marshall Law Review, Spring 2007, Volume 32

Presentations

• “Who Has The Duty To Defend and When” DRI Insurance Coverage and Claims Institute (ICCI) (2018)
• “The Basics of West Virginia Insurance Law” Harrison County Bar Association (2018)
• “Co-Representation, Joint Defense Agreements and the Tri-Partite Dynamic: Navigating Your Relationships in Complex Litigation” with Jessica Saunders Eichel, DRI Annual Meeting (2013)
• “The Ever Shrinking World of Civility” West Virginia Continuing Legal Education, Litigation Seminar (2011)

Community Service

• Current and Past-President (2016-present and 2012-2013) of the Board of Directors for the North Central West Virginia Community Action Association which oversees Federal community-block grant programs including Head Start, Early Head Start and residential weatherization for low income residents throughout North Central West Virginia.
• Youth Soccer Coach – Marion County, West Virginia

Jeff resides in Fairmont, West Virginia with his wife and son.