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Josephine H. Hicks

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Josephine Hicks is a trial lawyer with 25 years’ experience in litigating disputes for a wide range of clients, including public utilities, manufacturers and distributors, chemical companies, and other businesses. She regularly advises clients on issues including insurance coverage, contract disputes, unfair trade practices, condemnation matters, product liability, and other commercial disputes.

Ms. Hicks also serves as the Church Attorney for The Episcopal Church, and she handles investigations and ecclesiastical disciplinary proceedings under the Canons for The Episcopal Church.

Ms. Hicks brings a wealth of experience to each matter, helping clients navigate litigation disputes, garnering and evaluating the facts, and making strong legal arguments to get the best possible results – whether that be a quick dismissal, a favorable settlement, or victory at trial. She has experience in North Carolina state and federal courts, the North Carolina Court of Appeals and Supreme Court and the U.S. Court of Appeals for the Fourth Circuit, as well as in arbitration proceedings.

Ms. Hicks has been recognized by Woodward/White’s Best Lawyers in America in commercial litigation, insurance law, and product liability. She currently serves as Secretary of the North Carolina Bar Association Section on Insurance Law.

Ms. Hicks served as law clerk to The Honorable Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit in 1986-87. While at Vanderbilt University School of Law, Ms. Hicks was the Senior Student Writing Editor of the Vanderbilt Law Review.

Results By the Numbers

  • 0Attorneys Recognized by Best Lawyers for 2015
  • 0Attorneys in 5 offices

Featured Experience

  • Represents a business in a multi-million dollar commercial dispute involving fraud, defamation, unfair trade practices, and breach of contract claims.
  • Represents a public utility in private condemnation matters.
  • Advises policy holders and insurance companies on insurance coverage issues, including disputes over coverage for environmental claims, construction disputes, toxic tort claims, directors and officers liability, theft and embezzlement, unfair trade practices claims, employment claims, general liability claims, and “stop loss” insurance for health benefit plans.
  • Achieved a favorable, multi-million dollar settlement on the eve of arbitration in a UCC/contract dispute.
  • Successfully defended a municipality concerning a dispute over premiums allegedly owed to a workers’ compensation self-insurance fund, negotiating a dismissal for a nominal settlement.
  • Successfully defended a coatings manufacturer against breach of warranty claims in a construction defect case, achieving a favorable settlement after discovery.
  • Achieved a favorable settlement for the policy holder in a federal court case seeking insurance coverage for underlying toxic tort claims.
  • Secured coverage for a policy holder in an insurance coverage dispute arising from underlying claims seeking over $20 million in damages.  We secured the coverage with minimal litigation.
  • Represented a manufacturer seeking insurance coverage for environmental liabilities involving over 90 sites across the U.S. seeking coverage from dozens of insurance companies under policies spanning over 40 years of coverage. Favorable settlements were secured before trial.
  • Successfully defended a number of industrial premises owners in defending claims arising from catastrophic accidents causing deaths and serious injuries.

Publications

  • “Insurance 101: Choice of Law in Insurance Coverage Disputes,” Coverage Magazine, May/June 2009
  • D&O Coverage in the Post-Enron World, Coverage Magazine, December 2002.
  • “Choice of Law in Insurance Coverage Disputes:  A Fifty-State Compendium”, Journal of Insurance Coverage, 2001.
  • “Trigger of Coverage for Property Damage Insurance Claims in North Carolina – What’s the Latest?” North Carolina Lawyers Weekly, May 2005

Speaking Engagements

Full List

  • Ethics and Insurance Law, ABA Insurance Coverage Litigation Committee Meeting, March 2014.
  • Emerging Trends in Coverage for Construction Risks, ABA Insurance Coverage Litigation Committee Meeting, March 2012
  • Emerging Pollution Liability Insurance Challenges, ABA Insurance Coverage Litigation Meeting, March 2009.
  • Stub Policies, A Little More Time May Mean A Lot More Coverage, ABA Insurance Coverage Litigation Committee Meeting, March 2006.
  • Preparing for Electronic Discovery, Electronic Discovery Conference, January 2006
  • Insurance Coverage: What the Corporate Counsel Needs to Know, NC Bar Corporate Counsel Section Meeting, May 2001

Honors & Awards

  • Woodward/White’s The Best Lawyers in America in Insurance and Products Liability Litigation - Defendants, 2007-2015; Commercial Litigation, 2012-2015; Insurance Law, 2015
  • American Lawyer magazine 2013 Top Rated Lawyer in Insurance Law
  • North Carolina Super Lawyers in Personal Injury Defense: General and Business Litigation, 2011-2013
  • Martindale-Hubbell AV Preeminent Rating in Insurance Coverage; Tort Defense; Products Liability; Litigation
  • Business North Carolina magazine’s “Legal Elite” in Litigation, 2008
  • Charlotte Business Journal’s 40 Under 40, 2001

Memberships and Affiliations

  • North Carolina Bar Association
    Insurance Law Section Council, Treasurer, 2013-present; Secretary, 2014-2015
  • Augustine Project for Literacy
    Board of Directors, 2013-present
  • Charlotte Chamber of Commerce
    Diversity Officers Roundtable Member, 2010-present
  • Anglican Consultative Council
    Lay representative from the United States, 2005-2012
  • Episcopal Church
    Episcopal Relief & Development Board, 2011-2017; Executive Council, the board of the national church, 2003-2009
  • Parker Poe Adams & Bernstein LLP
    Diversity Committee Member, 2007-2013; Chair 2007-2013