JW Way Fundamental #15: Treasure, Protect, and Promote our Reputation -
"We're all caretakers and beneficiaries of the firm's image and reputation at all times and all situations. Consider how your actions affect our...more
JW Way Fundamental #18: Speak Constructively -
"Address issues in a candid, direct, kind and respectful manner with those involved or affected. Be courageous enough to say what you believe should be said. Ask questions,...more
The Holding -
In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to...more
2/26/2019
/ Aiding and Abetting ,
Appeals ,
Bad Faith ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Dismissals ,
Insurance Contracts ,
Insurance Litigation ,
Motion to Dismiss ,
Privity of Contract ,
TPAs ,
Workers' Compensation Claim
The Holding -
In Doneson v. Farmers Ins. Exch., 2018 WL 4781382 (Ariz.App. Oct. 3, 2018), an insurance bad faith case, the Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation...more
11/29/2018
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Declaratory Relief ,
Insurance Litigation ,
MedPay ,
Motion to Dismiss ,
Parole Evidence ,
Policy Exclusions ,
Policy Terms ,
Reaffirmation ,
Tortious Interference ,
Workers' Compensation Claim
The Holding -
In Fisher v. USAA Casualty Insurance Company, 2018 WL 3804114 (Ariz. App. Aug. 7, 2018), a case arising from an underinsured motorist (“UIM”) arbitration, the Arizona Court of Appeals affirmed the trial...more
Commercial contracts often require the party with less bargaining power to procure insurance for the party with more bargaining power as a way to shift risk and potential liability. General Contractors often require a...more
In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary...more
In State Farm v. Lee, 199 Ariz. 52, 13 P.3d 1169 (2000) (En Banc), the Arizona Supreme Court first held that an Insurer can impliedly waive the attorney-client privilege (the “Privilege”) in a bad faith case, despite not...more
Because Arizona cases touching on this issue are copious, confusing, and complex, we note the following guidelines—though sometimes conflicting—have emerged from Lee and its progeny and will assist an Insurer’s analysis of...more
Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips...more
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