Jaburg Wilk

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  • Covenants and Conditions in Contracts

    Covenants and Conditions in Contracts

    Both real estate professionals and laypersons oftentimes are confused by the differences between covenants and conditions. In its simplest terms, a “covenant” is an agreement to do or to not do something. Covenants are unconditional promises found in contracts, and the failure of a party who makes such an agreement to abide by its terms will entitle the other contracting party to damages for breach of … Read More

    Categories: Real Estate, Blog

  • Don’t Limit Your Imagination

    Don’t Limit Your Imagination

    The only person who can limit your imagination is you. What I mean is that if you think there are limits regarding what you can do - or accomplish - you will encounter self-created and self-fulfilling prophesies. If you think about this, you will know it’s true.

    Negative thinking stops positive momentum. It doesn’t matter whether it’s me thinking I can’t do better than my opposing counsel … Read More

    Categories: Blog

  • Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage

    Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage

    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 benefits are required,” despite the Insured’s reimbursement of the workers’ compensationinsurer.

    The Takeaways

    Arizona is more likely to enforce a MedPay … Read More

    Categories: Insurance Litigation, Blog

  • Always Show Gratitude

    Always Show Gratitude

    It is just one week until Thanksgiving. This is a good time to think about gratitude and specifically what you are thankful for. At the same time, it’s a great time of year to spread good feelings, which you can do by letting others know when you appreciate something that they have done for you.

    Those of you who have younger children - or even older ones - know that you end up reminding them to say “ … Read More

    Categories: Other, Blog

  • Undue Influence - or Not?

    Undue Influence - or Not?

    Has it ever crossed your mind — even if only for a moment — that if you are extra super nice to rich old Aunt Harriet (or whomever the “Aunt Harriet” in your life may be), who is getting up there in years, never had any children, and managed to accumulate a sizable estate, that maybe, just maybe, she will leave a nice portion of her estate to you? Many lawsuits have arisen in Arizona … Read More

    Categories: Probate Litigation, Blog

  • Do You Have Character?

    Do You Have Character?

    Have you ever thought about this? Even if you have, how would you know? I once read a quote that said “the difference between the way a person treats the powerless and the powerful is as good a measure of human character as I know.” The quote is from Robert I. Sutton, who is a professor at Stanford.

    The quote reminds me of my first employer after law school.  It is someone whose lessons … Read More

    Categories: Other, Blog

  • Everybody’s an Expert

    Everybody’s an Expert

    How are you an expert? We all have things that we are really good at doing.  The possibilities are endless. You could be an expert in what you do for a living such as computer programming, medicine, plumbing or auto repair, or perhaps you are an expert at something like Sudoku, stamp collecting, video games or Star Wars trivia. Maybe you are an expert in more than one area.

    What you are expert in could … Read More

    Categories: Other, Blog

  • Arizona Court of Appeals Holds Insured Waived Objections to UIM Arbitrator’s Alleged Partiality

    Arizona Court of Appeals Holds Insured Waived Objections to UIM Arbitrator’s Alleged Partiality

    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 court’s refusal to vacate an arbitration award because of an arbitrator’s alleged partiality. The Insureds knew about the Arbitrator’s alleged relationship with the … Read More

    Categories: Insurance Litigation, Blog

  • Without your Health you Have Nothing

    Without your Health you Have Nothing

    We all have good genetics and bad genetics. The thing is, we may only find out what that means as we get older.  Most likely all of us will have adverse health issues at some point in time. So, what can you do about it?

    Take care of yourself along the way. Generally, eat healthy and exercise. By generally, I mean that once in a while you enjoy that piece of cake or whatever it is you like that is not … Read More

    Categories: Other, Blog

  • Don’t Be So Stressed!

    Don’t Be So Stressed!

    Yes, I know that this can be easier said than done. When I speak with people about their business, I usually hear how well things are going and how great everything is. Many times, what I am hearing is true. Other times there is more to the story.  As we get deeper into the conversation, I learn more, which is - whether or not things are going well - the person is under incredible stress.

    It is … Read More

    Categories: Other, Blog