Alexander S. deWitt

Partner

[email protected]

Phone: (804) 799-7790

Mobile: (804) 337-9593

Fax: (804) 644-1354

About

About

Alex de Witt is a Partner in the Litigation Practice Group.

Alex serves as trial and appellate counsel in civil cases pending in federal and state courts, representing individuals, professionals, businesses and firms. His areas of focus include insurance coverage litigation, insurance defense, flood litigation (National Flood Insurance Program), extra-contractual insurance claims, arson and insurance fraud, personal injury defense, general tort litigation, construction litigation, products liability, premises liability, business disputes, shareholder and derivative disputes, consumer law, commercial litigation, and class action litigation.

Alex has extensive experience advising and representing insurance companies, agents and brokers in a variety of insurance cases, including commercial property and casualty, general liability insurance, homeowners insurance, flood insurance, motor vehicle liability insurance, uninsured and underinsured motorist insurance, medical expense benefits coverage, arson and fraud investigations, insurance coverage disputes, bad faith litigation, and negligence and malpractice claims against insurance professionals, agents and brokers.

Representative Matters

Representative Matters

  • Secured summary judgment for flood insurance carrier in action filed in the Southern District of Texas which alleged breach of a federal Standard Flood Insurance Policy.

  • Represented flood claim adjusting company (appellee) in the Sixth Circuit U.S. Court of Appeals, which affirmed the District Court’s dismissal of all claims alleged against adjusting company on federal preemption grounds.

  • Represented flood insurance carrier and adjusting company (appellees) in the Fourth Circuit U.S. Court of Appeals, which affirmed the District Court’s dismissal of civil RICO claims.

  • Represented amicus curiae in support of commercial auto carrier (appellee) in the Fourth Circuit U.S. Court of Appeals, which affirmed the District Court’s award of summary judgment to carrier in uninsured motorist coverage dispute.

  • Represented auto insurance carrier (appellant) in the Fourth Circuit U.S. Court of Appeals, which reversed the District Court’s award of summary judgment against carrier in insurance coverage dispute. 

  • Secured dismissal of all claims alleged against flood insurance carrier in action filed in the Middle District of Louisiana, based on federal preemption.

  • Secured dismissal of breach of contract and bad faith claims alleged against homeowners insurance carrier in action filed in the Eastern District of Virginia.

  • Secured dismissal of claims alleged against insurance broker in the Western District of Virginia, in case alleging broker failed to procure adequate insurance for policyholder.

  • Successfully defended insurance agent sued for negligence, breach of fiduciary duty and breach of contract in a Virginia circuit court, for allegedly failing to procure sufficient property insurance coverage for apartment complex; settled favorably at mediation prior to Court’s ruling on agent’s dispositive motions.

  • Secured summary judgment for homeowners insurance carrier in declaratory judgment action filed in the Eastern District of Virginia, which determined that carrier had no duty under terms of insurance policy to provide liability coverage for claims alleged in underlying tort action.

  • Secured summary judgment for automobile insurance carrier sued for breach of contract and alleged bad faith denial of medical expense benefits coverage in Virginia circuit court.

  • Secured summary judgment for business liability carrier sued for breach of contract and alleged bad faith refusal to provide business liability coverage in Virginia circuit court.

  • Successfully defended homeowners insurance carrier against toxic mold claims in Eastern District of Virginia; settled favorably after Court announced that carrier was entitled to summary judgment.

  • Secured dismissal of tort and contract claims alleged against mortgage lender sued in Virginia state court for damages arising out of foreclosure sale of residential property; defended subsequent appeal to the Supreme Court of Virginia, which refused the petition for appeal.

  • Defense of putative class action filed in Eastern District of Virginia, alleging claims of discrimination under the federal Fair Housing Act, and under Virginia’s Fair Housing Law, Manufactured Home Lot Rental Act, and Residential Landlord and Tenant Act.

  • Defense of putative class action filed in federal court (D.D.C.), alleging claims of discrimination under the federal Equal Credit Opportunity Act, Title VI of the Civil Rights Act of 1964, the Virginia Consumer Protection Act, as well as state law fraud an contract claims.

Honors & Awards

Honors & Awards

  • "AV® Preeminent™" under the Martindale-Hubbell® Rating System - highest recognition
  • Virginia Super Lawyers - Rising Stars - 2011, 2012, 2013

Professional Activities

Professional Activities

  • Virginia State Bar (Member, Third District Disciplinary Committee, Section II, 2013-2019; Chair, 2015-2016)
  • Virginia Association of Defense Attorneys (Vice Chair, Policy Coverage Section, 2017-18; Chair, Policy Coverage Section, 2018-19)
  • Richmond Bar Association
  • Henrico Bar Association
  • Virginia Bar Association
  • Federal Bar Association

Speaking Engagements

  • Presenter, “Preservation and Spoliation of Evidence in Fire Investigations under NFPA 921 and Virginia Law”, Office of the Fairfax County Fire Marshal (September 6, 2018). 

Perspectives

Media

Media

Publications

  • Co-author, “Insurance Bad Faith Law In Virginia: What It Is And What It Isn’t,” The Journal of Civil Litigation (Virginia Association of Defense Attorneys, Summer 2019)
  • Author, "Expert Discovery Revisited: Amended Rule 26 in Action," Side Bar (Federal Litigation Section of the Federal Bar Association, Spring 2011)
  • Author, "Bankruptcy and Divorce: Dischargeability of Support and Property-Related Obligations," 50 Virginia Lawyer 12 (Virginia State Bar, February 2001)
  • Author, "Classification, Valuation and Division of Stock Options," 2002 Family Law Update (Aspen Law & Business 2001)
  • Co-author, "Enforcement and Contempt Proceedings," Virginia State Bar/Virginia CLE 20th Annual Family Law Seminar, October 2001.