Amy H. Wooten

Policyholder Insurance Litigation and Counseling
Ward and Smith, P.A.
Email ahwooten@wardandsmith.com
919.277.9130 Fax 919.277.9177
Post Office Box 33009, Raleigh, NC 27636-3009

Amy co-chairs the firm's Insurance Counseling and Recovery Practice Group, and her litigation practice focuses on representing policyholders in a broad range of first- and third-party coverage litigation involving their insurance carriers.  That experience includes litigating coverage disputes pertaining to a wide variety of insurance coverages like commercial property insurance, directors and officers ("D&O") insurance, errors and omissions ("E&O") insurance, pollution liability, disability insurance, and commercial general liability ("CGL") insurance. 

Amy also represents clients in community associations litigation matters as well as handles complex commercial disputes, fiduciary duty claims, and unfair and deceptive trade practices claims. Her litigation practice also entails defending licensed professionals before North Carolina's many professional and occupational licensing boards. She also litigates matters that arise in the hemp and cannabis industry.

While a litigator at heart, Amy enjoys advising clients outside of litigation. She is particularly passionate about advising policyholders concerning their insurance portfolios and utilizing insurance as an effective risk management tool, and she devotes a portion of her practice to advising community associations clients on a broad range of legal matters.

Amy began her legal career as a Judicial Law Clerk for the Honorable Samuel G. Wilson, United States District Court Judge for the Western District of Virginia.

After completing her clerkship, Amy returned to her North Carolina roots where she focuses her practice on a wide variety of litigation matters in state and federal court and in arbitration proceedings and serves as a trusted adviser to the clients she counsels. She is licensed in both North and South Carolina.

Education

  • J.D., Wake Forest University School of Law, 2009; Order of the Coif, Chief Justice Joseph Branch Inn of Court, Wake Forest Law Review, Moot Court, Honor Council
  • B.A., magna cum laude, Political Science and History, Wake Forest University, 2006

Representative Experience

Policyholder Insurance Recovery and Counseling

  • Represented a condominium unit owners' association in a multimillion-dollar commercial property insurance and fiduciary dispute
  • Brought and represented a company in a declaratory judgment action against its carrier on a denied general liability claim
  • Brought and represented a company in a declaratory judgment action against its carrier on a denied pollution liability claim
  • Brought and represented a disabled physician in a declaratory judgment action against the physician's carrier under a long-term (owner-occupied) disability policy

Community Associations Litigation

  • Secured partial summary judgment for a property owners' association ("POA") embroiled in a class action alleging violations of the NC Planned Community Act and breach of fiduciary duty, prompting Plaintiffs to file a voluntary dismissal of surviving claims
  • Obtained dismissal of lawsuit and award of attorneys' fees in drainage dispute between a POA and individual members
  • Represented a POA in a declaratory judgment and breach of fiduciary duty lawsuit brought by a segment of its membership
  • Brought and represented a POA in a lawsuit against a contractor arising out of defective roof repair work

Civil Litigation and Dispute Resolution

  • Secured a favorable resolution of a dispute concerning the sale of commercial property
  • Favorably resolved a Fair Debt Collection Practice Act ("FDCPA") claim against a statement delivery and payment solution vendor
  • Defended a water and wastewater treatment consultant against a breach of contract claim
  • Favorably resolved several matters on behalf of directors and officers in adversary proceedings, including a bankrupt medical practice, a bankrupt aviation MRO, and a bankrupt printing company in which the Trustees involved sought multimillion-dollar recoveries

Representation of Professionals in Licensure and Negligence Matters

  • Defended an out of state firm accused of the unauthorized practice of law before the North Carolina State Bar
  • Secured summary judgment on professional negligence claims for an engineering firm
  • Defended a licensed engineer in litigation involving the North Carolina Board of Examiners for Engineers & Surveyors in a trial proceeding before the Office of Administrative Hearings
  • Secured a favorable arbitration award for a licensed architect in a dispute involving allegations of professional negligence pending before the AAA

Honors and Distinctions*

  • Chambers USA, Insurance - North Carolina, 2024-2025
  • "The Best Lawyers in America," Best Lawyers®, 2025
  • "40 & Under List," Benchmark Litigation, 2022-2023

Chambers USA Best Lawyers - Firm Logo

Professional and Community Affiliations

  • Campbell University, Norman Adrian Wiggins School of Law, Connections Mentorship Program
  • North Carolina Bar Association, Professional Committee Member, 2023-present; Insurance Section, Membership and CLE Planning Committees
  • Apex Baptist Church, NextGen Kids' Ministry Volunteer Leader
  • Tenth Judicial District Bar/Wake County Bar Association: Bench-Bar Committee Member; Professionalism Committee Member
  • South Carolina Bar Association, Member
  • Chief Justice Susie M. Sharp Inn of Court, Member and Treasurer (2021)
  • Law Board of Visitors Member, Wake Forest University School of Law 

Admitted to Practice

  • North Carolina, 2009
  • South Carolina, 2011
  • United States Court of Appeals for the Fourth Circuit
  • United States District Court – All districts in North and South Carolina
  • United States Supreme Court

About Me

My husband and I live in Holly Springs with our two active children. When we are not driving them to an activity or enjoying their sports or performances, we enjoy spending time together at playgrounds, parks, and North Carolina's beautiful beaches.

We also love to travel, preferably to a beach with white sand and turquoise water. (Do you see a theme here?)

I'm also actively involved in my faith community, working on children's activities and programming alongside others in my church family.

* Please see the following websites for an explanation of the membership standards for the following recognitions: www.bestlawyers.com; businessnc.com/special-sections/legal-elite/; and www.superlawyers.com/north-carolina.

An attorney‑client relationship may only be established through direct attorney‑to‑client communication that is confirmed by the execution of an engagement agreement. The content of any unsolicited email sent to Ward and Smith, P.A., or to any of its attorneys at an email address available on this website, will not create an attorney‑client relationship and the contents of such unsolicited email shall not be considered confidential. Therefore, do not use this website or the email addresses available on this website to provide confidential information about yourself or a legal matter to Ward and Smith or any of its attorneys.

  • American Board of Trial Advocates
  • Legal Elite Business North Carolina 2025
  • Super Lawyers 2021
  • Recognized by Best Lawyers 2025
  • U.S. News Best Lawyers 2025
  • 2024 Chambers USA

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