Is an insured legally entitled to recover the incurred amount of medical expenses or a reasonable amount of medical expenses?
This issue often arises in first-party bad faith cases arising from uninsured motorist (“UM”) and...more
Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s...more
The Holding -
In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more
12/7/2020
/ Baseball ,
Breach of Contract ,
Business Losses ,
Casualty Insurance ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Estoppel ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion to Dismiss ,
Policy Exclusions ,
Property Insurance
Insurance attorney Nate Meyer discusses the importance of an insurer selecting the right appraiser....more
When the insured and insurer disagree on the amount of a particular loss, an appraiser can help settle the matter. Partner and insurance attorney Nate Meyer explains an appraiser's role in this video. ...more
The Holding -
In Anderson v. State Farm Mutual Automobile Insurance Co., 917 F.3d 1126 (9th Cir. 2019) (Wash.), the Ninth Circuit Court of Appeals held that the thirty-day removal deadline under 28 U.S.C. § 1446(b)(1) does...more
The Award -
In McClure v. CC Services Inc. & Country Life Insurance Company dba Country Life Financial, an Arizona insurance bad faith case arising from a disability claim, a jury awarded $1.29 million in compensatory...more
The Holding -
In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of...more
1/16/2018
/ Bad Faith ,
Discovery ,
Discovery Disputes ,
Expert Testimony ,
Health Insurance ,
Insurance Claims ,
Medical Experts ,
Motions to Quash ,
Presumptively Relevant ,
Subpoenas ,
Undue Burden
In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more
11/10/2017
/ Aiding and Abetting ,
Bad Faith ,
Breach of Contract ,
Claims Adjusters ,
Fraudulent Joinder ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion to Remand ,
Policy Terms ,
Property Damage
The Takeaways
- Bad faith defense counsel should caution their bad faith experts not to speculate that an insurer’s claim decisions were based on advice of counsel.
- The Hunton case continues the trend of Arizona...more