Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification
In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the Arizona Supreme Court answered a Certified Question from the Ninth Circuit Court of Appeals and held that Arizona's equitable indemnity law does not incorporate the First … Read More
The Facts Matter
A fact is defined as a thing that is indisputably the case or a piece of information used as evidence or as part of a report or news article. This is why it is important to know the facts or check facts you hear before relying on them or passing them; don’t simply take them as true.
We live in a world where most people blindly believe what they read on the Internet or hear on television. But facts and … Read More
Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case
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 damages and $5 million in punitive damages.
Although Arizona has a reputation for conservative juries—particularly Phoenix juries in Maricopa County—the award … Read More
Do You Perform Well Under Pressure?
When the heat is on, how do you perform? Can you remain calm? Can you focus on the task at hand? Or do you crack under pressure? Or maybe you take out your stress on those around you? If so, you need to find ideas and tools to remain calm and focus, like Shaun White did last night.
On February 13th, I watched him win his third Olympic gold medal in the snowboard halfpipe competition in the last four … Read More
Be Persistent and Believe in Yourself
Believing in yourself sounds easy, but we all have our own insecurities to overcome in given situations. Sometimes the easiest road is to fold and not move forward. Taking the easy way generally is the path to things staying the same or getting worse, but we all say we want to do better and be successful. I think part of the reason is persistence. Some people have it and some people don’t. For those who do, … Read More
Partnership Audit Rules Have Changed Under New Tax Law
Congress enacted the Bipartisan Budget Act of 2015 (“BBA”) under which existing partnership audit rules have been replaced. The new BBA audit rules are broad and complex and effective for partnership tax returns filed for tax years beginning in 2018. Under the prior audit rules, the tax liability flowed through to each partner. Under the new … Read More
Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers
Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage company for exceeding the scope of its license to use the brand to produce and market coffee products.
In 2013, Grumpy Cat Limited (“GCL”), the company that owns rights … Read More
Be you. Not who you think you should be. Not what others want you to be. Be you, just you. You are not an actor or actress, you're not playing a role. If you do, you're doing yourself a disservice.
Less experienced people are more likely to embellish their experience or tell you they know something they don’t. They want others to think they know more than they do and have greater … Read More
Get Out of Your Comfort Zone
The same old, same old is the same as becoming stagnant. Said differently: don’t be a stick in the mud! Try to do something new a couple times a year to take you out of your comfort zone. What it is depends on you.
Maybe it’s trying something new, like hiking or Pilates. Maybe it’s attending a class or conference on a subject that interests you but has nothing to do with your career, … Read More
Get Enough Sleep
This seems so obvious, yet most of us don’t. You might; I know I generally don’t. I try, but so much to do and so little time…
I read something that said adults generally need at least seven hours of sleep per night until the age of 60, after which most people need more. It seems like that should be easy, but it’s not always so simple. When you are busy at work (including the time spent … Read More