The Insurer issued an Auto Policy and an Umbrella Policy. The Auto Policy provided $100,000 of UIM coverage and the Umbrella Policy provided $2,000,000 of UIM coverage. Just like ARS § 12-555(C)(2),the Auto Policy barred UIM...more
The Holding -
In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113 (D. Ariz. Apr. 28, 2020), a putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District...more
10/22/2020
/ Auto Insurance ,
Bad Faith ,
Bodily Injury ,
Breach of Contract ,
Car Accident ,
Class Action ,
Insurance Litigation ,
Medical Expenses ,
Medical Necessity ,
MedPay ,
Reasonableness Factors
Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so...more
The Holding -
In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for...more
11/1/2017
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Auto Insurance ,
Bad Faith ,
Breach of Contract ,
Insurance Litigation ,
Motion for JMOL ,
Prevailing Party ,
Property Theft ,
Property Valuation ,
Punitive Damages ,
Reaffirmation ,
Reversal ,
Reversible Error
In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more
10/21/2016
/ Appeals ,
Arbitration ,
Auto Insurance ,
Bad Faith ,
Breach of Contract ,
Business Profits ,
Comparative Negligence ,
Denial of Insurance Coverage ,
Insurance Adjusters ,
Insurance Litigation ,
Judgment As A Matter Of Law ,
Jury Verdicts ,
Motion for Judgment ,
Motorcycle Accidents ,
Punitive Damages ,
Reversal ,
Uninsured and Under-Insured Motorists
If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy. In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App....more
The Arizona Court of Appeals recently held that the duty of good faith and fair dealing includes "some obligation" to inform a policyholder about the extent of coverage and rights under an insurance policy....more