Jaburg Wilk

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  • Treat Your Client’s Money as if it Were Your Own

    Treat Your Client’s Money as if it Were Your Own

    My firm has a unique culture, as do all businesses. But the difference at my firm is that we have captured the essence of our firm in 21 fundamentals we call The JW Way Fundamentals.  These are the foundation of our business.  They are how we operate ranging from how we deal with clients to who we hire.

    Today I am focusing on one fundamental: Treat clients' money as if it were your own. Yes, I … Read More

    Categories: Other, Blog

  • Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

    Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

    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:

    An Insurer should consider whether to defend a bad faith claim solely on objective reasonableness.[1]

    An Insurer should avoid, if possible, asserting its actions were subjectively reasonable based on its adjuster& … Read More

    Categories: Insurance Litigation, Blog

  • Channel Inspiration

    Channel Inspiration

    You know when it hits. It can be anytime, and many times it is not at a convenient time. But when you have inspiration, don't lose it.

    For me it may be on an issue in a case. Whether I am at my desk, or in the middle of the night, I write it down. I usually use the Note app on my phone, but paper and pen still work. I have learned that if I do not do that at the time, there is a good chance my moment of … Read More

    Categories: Other, Blog

  • Things Change Instantly Adjust on the Fly

    Things Change Instantly Adjust on the Fly

    I wrote about change being constant earlier, but had an experience last week that reminded me of the importance of remembering this.

    We all know this, especially parents. Me, "don't do that, you could get hurt." Kid, "but I didn't get hurt." Me, "but you could have." We all had this conversation a thousand times growing up and, if you are a parent, you are on your way to saying it a thousand times. Why does this … Read More

    Categories: Other, Blog

  • Arizona Court of Appeals Notes "Good Reasons to Suspect Arson"​ and Disregards Insured's Expert Affidavit in Bad Faith Case

    Arizona Court of Appeals Notes "Good Reasons to Suspect Arson"​ and Disregards Insured's Expert Affidavit in Bad Faith Case

    Epperson v. AAA Fire & CAs. Ins Co., WL 406144 (Ariz.App January 31, 2017)

    Memorandum Decision, an insurance bad faith case arising from a fire claim, the Arizona Court of Appeals affirmed the trial court’s grant of summary judgment to an Insurer, despite the Insurer paying the claim over 15 months after the fire occurred.

    The Insured’s argued the trial court erroneously ruled there was no bad … Read More

    Categories: Insurance Litigation, Blog

  • Appearances Don’t Matter, Never Assume!

    Appearances Don’t Matter, Never Assume!

    We all run into people who appear to be successful. It can be how they carry themselves, the car they drive, the clothes they wear or the words they say. Some are. Some aren't. Fake it till you make it, the saying goes.

    Of course, some of the most successful people won't look like how many of us picture success. How about Sam Walton driving a pickup truck his whole life despite starting what is one of the largest … Read More

    Categories: Other, Blog

  • Illusion of Insurance Coverage

    Illusion of Insurance Coverage

    Many contracts or leases require one party to get insurance protection for the other party or landlord. Typically, they simply pass along the request for the insurance coverage to their insurance agent or broker and assume that their insurance will be updated to reflect the addition. To “prove” compliance with the contract requiring additional insurance coverage, the parties will often rely upon a & … Read More

    Categories: Insurance Litigation, Blog

  • Keep it Simple

    Keep it Simple

    What do people remember? Think of a favorite song. What about it makes you listen? Probably a distinctive element like a catchy riff or lyric. It sticks in your head.

    Making your case to a judge or jury, a pitch to a potential client or that short time you have when making your elevator speech is the same.  The distinctive riff is an easy to remember sentence or phrase that sums up what you want people … Read More

    Categories: Other, Blog

  • Arizona Confirms Two "Claims"​ Against Two Drivers Arising From One Accident Does Not Allow Insured to Stack UIM Coverage

    Arizona Confirms Two "Claims"​ Against Two Drivers Arising From One Accident Does Not Allow Insured to Stack UIM Coverage

    Yeager v. State Farm Mut. Auto Ins. Co., 2017 WL 491121 (Ariz. App. February 7, 2017)

    Memorandum Decision, a declaratory judgment action, the Arizona Court of Appeals rejected an Insured’s argument that she could stack UIM coverage’s in separate policies issued by the same Insurer. The Insured was involved in a single accident, but argued she made “two” claims—one UIM claim … Read More

    Categories: Insurance Litigation, Blog

  • Stand for Something and Respect Opinions

    Stand for Something and Respect Opinions

    Have a viewpoint. Stand for something. If you don't, you stand for nothing at all. 

    We don't have to agree with others all of the time. But when you don't, be respectful. Agree to disagree. You learn more from dialogue with someone you don't agree with than with someone you agree with.  

    Plus, none of us are right all of the time. If someone says something that makes you potentially … Read More

    Categories: Other, Blog