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For Scott Hefner, a Senior Associate in our Charlotte office, no two days are alike in the world of subrogation and recovery. This variety attracted Scott to the practice area and kept him constantly learning. Scott’s experience includes a fire loss at a manufacturing facility that he favorably resolved with damages exceeding $11 million.

Scott also effectively settled a case involving unmarked underground utilities damaged during construction activities. He is also adept at handling construction defect issues, including a case where the contractor failed to attach the roof to the insured’s home properly. Scott’s litigation experience covers commercial disputes, catastrophic losses, construction defects, and product liability matters. Some losses are relatively small, others are staggering, but in every case, his priority is obtaining the best resolution for the client.

Scott enjoys the intellectual sparring of making arguments and countering them. An avid history buff, Scott’s interest in the Civil War and World War II has taught him that correct positioning and strategy are the keys to success. He uses this knowledge and skill set to lay out carefully crafted plans for his clients, keeping them updated at every turn.

Scott is an active member of his community, supporting people in need both near and far. He is currently assisting his church with the planning and opening of a thrift store to help fund an orphanage and school in Kenya. Scott also provides pro bono representation for victims of domestic violence through Safe Alliance and free legal advice to North Carolina Legal Aid recipients through the Lawyer on the Line program.

Admissions

  • Georgia
  • North Carolina
  • South Carolina

Education

  • North Carolina State University
    Bachelor of Arts
  • University of North Carolina School of Law
    Doctor of Jurisprudence

Memberships

  • Chief Justice Williams H. Bobbitt American Inn of Court
  • Mecklenburg County Bar Leadership Institute – Class of 2015
  • North Carolina Bar Association
  • South Carolina Bar
  • Super Lawyers® – Rising Star 2015 & 2016

Media

Solar Panel Losses: Not a Matter of If, But When

Join Senior Associate Scott Hefner and co-presenters Perry Hopkins (ESi) and Victoria Malick (Sedgwick) for the 2023 PLRB Large Loss Conference on November 15-17, 2023, in Atlanta, GA. The program description is listed below. Attendees will work through a homeowner’s claim from a severe fire that started due to the home’s rooftop solar array How solar panels work and how they fail and da...

Addressing Coverage and Subrogation Issues When Adjusting a Property Insurance Claim

Join Partner T. Nicholas Goanos and Senior Associate Scott Hefner as they present for the Southern Loss Association's 31st Annual Property Seminar on August 10, 2023. This seminar will be taking place in Marietta, GA. For more information, please visit their website....

Thanks to an Unruly Cat, the Tennessee Court of Appeals Reaffirms the Sutton Rule

A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the 'Sutton Rule' in a subrogation action following a house fire at a rental property. The court's decision emphasizes the crucial role of lease agreement wording in determining whether a landlord’s insurer may subrogate against a tenant. This case stemmed from a fire that occurred in 2019 at a rental home in Nashvil...

The Made Whole Doctrine is Alive and Well in Virginia

While the Virginia Supreme Court has never addressed the made whole doctrine by name, a recent federal district court opinion has declared the made whole doctrine “is alive and well in the Commonwealth.” Sustainable Sea Products International, LLC, et al. v. American Empire Surplus Lines Ins. Co., et al. 2022 WL 3573247, *6 (E.D.Va) (2022). In Sustainable, the insured sought, among other thing...

Doctors, Scientists, & Engineers – Oh My! Changes to Federal Rule 702 are Likely Coming

Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience,...

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Where Have You Driven a Ford Lately? Ford Motor Co. v. Montana Eighth Judicial District Court

Over the last few years, the Supreme Court has had a reputation as very pro-business.  Late last month, however, the Court handed consumers a rare win related to personal jurisdiction.  The Court’s opinion has important implications regarding where an injured consumer can sue the manufacturer of a defective product. Before we dive into the Court’s opinion, a crash course on personal jurisd...

North Carolina Settlements: Unsigned, Sealed, and Delivered

Covid-19 has turned mediations on their head.  The parties are no longer together in well-appointed conference rooms trying to work out their differences.  Instead, they are “together” in Zoom rooms with kids or dogs making noise in the background.  Despite the unconventional set up, a high percentage of disputes still resolve at mediation.     Once resolved, remote or virtual med...

Amazon: Primed for Trouble?

Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website.  Amazon has for many years argued it is not responsible for defective products sold on its website by third parties.  In Bolger v. Amazon.com, LLC,1 the plaintiff purchased a replacement laptop battery o...

JULY – Congratulations to Our Newest Senior Associates!

Please join us in congratulating our newest Senior Associates in our firm. We thank them for their service and commitment to the firm. Click their profile photos above to learn more about each attorney....

Super Lawyers 2018

The 2018 Super Lawyer's List is here, and we're excited to show you our latest Super Lawyers and Rising Stars at Butler! Super Lawyers, a rating service for outstanding lawyers that utilizes independent research, peer nominations and peer evaluations, has selected multiple Butler attorneys as "Super Lawyers" in their area of practice. They have also designated our Rising Stars for those attorneys...

Don’t Wreck Your Carmack Claim: Requirements for the Written Notice of Claim

Carmack claims are unique animals. Carmack provides a shipper—or its subrogating insurance company—with the sole remedy for damages sustained when goods are shipped between states. As the sole remedy, it’s imperative that a claimant strictly complies with Carmack’s notice of claim requirements and any additional notice requirements outlined in the bill of lading. As subrogation professio...

Scott Hefner