When are similar insurance claims considered "related" under a claims-made policy? The Eastern District of Virginia recently offered guidance in Navigators Specialty Ins. Co. v. Avertest, LLC, No. 1:24-cv-932 (LMB/WBP), 2025 WL 273201 (E.D. Va. July 18, 2025). Under a claims-made policy, a later claim that “relates back” to an earlier claim may be treated as a single claim first made during the prior policy period. Because this can determine which insurer—if any—owes coverage, whether two claims are “related” is…
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A new piece of legislation, Senate Bill 2690 – the Safer Truckers Act of 2025, has been introduced in the U.S. Senate as part of a broader transportation reform agenda. The bill builds on prior efforts during the Trump administration, including the 2016 directive that strengthened enforcement of the English language proficiency requirement for commercial driver’s license (CDL) holders. Key Provisions of the Bill The Safer Truckers Act, co-sponsored by Senators Cindy Hyde-Smith (MS), James Lankford (OK), and Rick Scott…
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If your company’s vehicles operate in interstate commerce, you may be paying more personal property tax than required in Virginia. Vehicles used directly in business operations can sometimes qualify for assessment under the Machinery & Tools (M&T) rate—a significantly lower rate than standard vehicle taxes. However, many localities continue to treat interstate-use vehicles as ordinary personal property, leading to overvaluations and inflated tax bills. While Virginia law distinguishes between vehicle and M&T classifications, it also allows certain exclusions and apportionments…
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The trucking industry relies heavily on a diverse workforce, including non-domiciled Commercial Driver’s License (CDL) holders—individuals whose primary residence is outside the 50 U.S. states but who are lawfully present in the United States under employment authorization. Under the Federal Motor Carrier Safety Administration (FMCSA), these drivers are recognized through regulatory frameworks designed to ensure public safety while accommodating labor needs. However, recent federal enforcement actions have revealed vulnerabilities in the CDL issuance process, prompting emergency reforms. For employers, hiring…
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Setliff Law is pleased to share that Steve Setliff has been appointed General Counsel to the Maryland Forests Association (MFA). The MFA is dedicated to promoting responsible forestry practices and supporting the businesses, landowners, and professionals that make up Maryland’s forest products industry. In this role, Mr. Setliff will advise the Association and its Board on legal matters, review proposed legislation impacting members, contribute legal updates for publication, and offer presentations on topics ranging from employment law and commercial transactions…
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New tort reforms could help level the playing field for carriers facing runaway jury awards. Personal injury litigation in the trucking industry has become increasingly volatile. “Nuclear verdicts” — jury awards over $10 million — are hitting carriers at alarming rates, often assigning full fault to the party with the deepest pockets rather than the one truly responsible. In 2024 alone, there were 135 verdicts exceeding $10 million, a 116% jump from 2023, despite the industry’s continued improvements in safety.…
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As we have noted in previous articles, (May and September), there is renewed movement in Congress to strengthen enforcement of the long-standing federal requirement that holders of commercial driver’s licenses (CDLs) be able to speak and understand English. This requirement has been in place since 1936, but critics argue that enforcement has been inconsistent across the states. A bill recently introduced in the House of Representatives seeks to close that gap by requiring states to conduct English proficiency checks through…
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Setliff Law is pleased to welcome two attorneys to the firm. Caleb Setliff has officially passed the Virginia Bar Exam, and now joins the firm as an attorney. A graduate of Liberty University School of Law and James Madison University, Caleb has been part of the Setliff Law team for several years as a law clerk. His background in research, writing, and advocacy will further strengthen the firm’s work in transportation, business, and civil litigation matters. Ryan Keesee joins Setliff…
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It seems everything is getting more expensive these days, and insurance is no exception. Virginia, Maryland, and Washington, D.C. are seeing continued insurance rate increases across multiple sectors, driven by rising medical and vehicle repair costs, changing market conditions, and higher state-mandated liability coverage requirements. In Virginia, recent legislative changes have increased the state's required auto liability minimums to 50/100/25 for policies renewed or issued after January 1, 2025, one of the biggest factors pushing premiums upward. The increase is…
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A recent significant decision from the Virginia Court of Appeals addresses two key aspects of commercial lease disputes: the validity of acceleration of rent clauses; and, a commercial landlord’s duty to mitigate damages upon tenant abandonment. Bistro Manila LLC v. Alvah I LLC, 83 Va. App. 300 (2025) validates rent acceleration clauses as enforceable liquidated damages provisions, provided they include mechanisms to prevent over-recovery. The decision also supports the rights of commercial landlords in lease disputes by upholding longstanding Virginia…
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