The Workout Alternative
During the real estate "boom" years, the only time that the word "workout" ever entered the mind of real estate developers and investors, was when they were deciding which posh health club to join, at which they could spend some of the wealth they were accumulating through the rampant escalation of prices of real estate. Now that the real estate market is well into a period of diminishing values, those same … Read More
Let Them Eat Cake! (And Then Write an Online Review about It)
Arizona's restaurant scene is buzzing these days with last Friday's season finale of "Kitchen Nightmares". Just Google "Amy's Baking Company" and a proliferation of stories about the featured business appears, including a massive social media backlash against the restaurant. Users of Yelp, Reddit, and Facebook, among others, have taken to the Internet to discuss their personal experiences with … Read More
Does What Happens in Your Car; Stay in Your Car? Maybe not, say OnStar and the Washington, D.C. Police Department
Recently, the United States Supreme Court heard argument on the case of United States v. Jones. At issue is the legality of the Washington, D.C. police surreptitiously - and without a warrant - placing a GPS tracking device on a suspect's car, and then using information taken from the GPS to convict him of drug trafficking. Nearly all of the judges expressed their concern with the government's … Read More
BYOD Can Be A Four-Letter Word
So your employee wants to use his new iPhone5S to respond to work emails while on vacation. As an employer, you're thrilled. You don't have to pay for the technology (or the data plan), but your employee is now accessible to you and your customers twenty-four hours a day, seven days a week. How could this possibly be a bad thing?
Corporate BYOD ("Bring Your Own Device") policies open the door to … Read More
Ten Things to Consider Before Purchasing Real Property at an Arizona Trustee's Foreclosure Sale
By: Janessa E. Koenig, Esq.
If you are considering purchasing a home or investment property that is being foreclosed on in Arizona, you will need to attend the Trustee's sale. While many bidders have attended hundreds of foreclosure or trustee's sales, this may be your first! There are several important aspects of purchasing a property at a trustee's sale.
Make sure the sale is proceeding … Read More
Tips For Collecting What You Are Owed
1. Make sure you have what you need from the start
Take advantage of all information needed to collect at the time the loan is made / the services are provided etc. The borrower or customer wants/needs your money/services at the beginning phase and will be cooperative at this point. Information to obtain at this time includes social security numbers, place of employment, home & business … Read More
The Civilized Way To Collect Debt
Collecting past-due balances is one of the most agonizing tasks in business. In many large companies, the accounts-receivable department or credit manager handles collections. If your company is small, you might handle collections yourself. But whether your company is big or small or in between, you'll want to collect debts diplomatically and tactfully to preserve your good reputation.
The Fair Debt … Read More
Younger Brother Entitled to Underinsured Motorist Coverage as Resident of Older Brother’s Household
In Mendota Insurance Company v. Gallegos, 232 Ariz. 126, 302 P.3d 651, 657 (2013), the Arizona Court of Appeals recently held that a named insured's younger brother was a resident of his older brother's household and therefore entitled to underinsured motorist ("UIM") coverage despite the facts that Older Brother rented a room at friend's house and spent the majority of his time at his girlfriend's … Read More
Continuing Bad Faith: Theory of Liability or Rule of Evidence?
By: Douglas L. Christian and Nathan D. Meyer
Not often does a concept's name obfuscate its meaning. "Continuing bad faith," however, is much more than its name implies. An insurer's duty of good faith is pervasive and its application to claim handling has matured into a formidable body of law. The duty is not intractable and is generally shaped by the circumstances of the claim. One circumstance … Read More
Arizona Court of Appeals Upholds Damron Agreement & Declares Facts in Stipulated Judgments Bind Insurers for Purposes of Coverage
The Arizona Court of Appeals recently upheld as valid and enforceable a Damron Agreement in which an insured and its excess insurer assigned their rights against a primary insurer. In so holding, the Court of Appeals made the significant declaration that an insurer who refuses to defend is bound for purposes of coverage by any issues determined in a stipulated judgment that underlies a Damron … Read More