Jaburg Wilk

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Blog

  • Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

    Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

    The Holding

    In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss claim/rights under a homeowners policy to a water damage mitigation and remediation contractor.

    The Takeaways

    Arizona insureds may validly assign a post-loss breach of contract claim to a … Read More

    Categories: Insurance Litigation, Blog

  • Tell the Truth

    Tell the Truth

    This is simple and there are no exceptions. Tell a lie once and all of your truths become questionable. Early in my career I heard a very experienced attorney say “a half-truth equals a whole lie.”  He was correct because anything not 100% true is a lie. Another benefit of telling the truth was summed up to me long ago by a friend who once said he never lies because it’s far easier to … Read More

    Categories: Other, Blog

  • To Get the Story You Have to Ask Questions

    To Get the Story You Have to Ask Questions

    We are all good at telling a story, especially our own story. We are not as good at actively listening to others tell a story. This is true even when we are being paid to listen.

    This is why it is important to remember how important it is to listen, which also means asking questions, especially the right questions. What the right questions are depends on the situation.

    If it is in a personal setting, you should … Read More

    Categories: Other, Blog

  • Criticize Constructively and Not in Front of Others

    Criticize Constructively and Not in Front of Others

    I always hope to learn from my mistakes. Similarly, anything I count as a failure in my career has been a great learning experience. There have been moments where I have received constructive criticism, which helped me, because I was open to hearing it. I feel lucky that the people who provided this type of feedback to me, did it in a professional and meaningful way.

    They both complimented and criticized me … Read More

    Categories: Other, Blog

  • Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

    Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

    The Holding

    In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for negligent excavation against the Insured, an alleged builder-vendor, because the claim arose from the Insured’s alleged breach of a common law duty to construct a home as a reasonable builder … Read More

    Categories: Insurance Litigation, Blog

  • Turn On, Tune In, and Drop Out on Your Vacation: Vacation ≠ Work

    Turn On, Tune In, and Drop Out on Your Vacation: Vacation ≠ Work

    Do you vacation at least once or twice a year? You should. Your body and brain need a break. Most of us work hard, but are not built to work every single day without some downtime. If you have a family, they may even want to spend some time with you!

    I was speaking with another attorney recently who was lamenting about an upcoming vacation with his wife and kids. He was complaining about what he had to get done … Read More

    Categories: Other, Blog

  • Arizona Court of Appeals Holds Multiple Negligent Acts Constitute a Single Occurrence Under CGL Policy

    Arizona Court of Appeals Holds Multiple Negligent Acts Constitute a Single Occurrence Under CGL Policy

    The Holding

    In Cincinnati Indem. Co. v. Southwestern Line Constructors Joint Apprenticeship and Training Program, et al, 2018 WL 2330627 (May 31, 2018), the Arizona Court of Appeals upheld summary judgment granted to an insurer because, under the Policy’s definition of “occurrence” as an “accident,” a single event caused by several independent acts constitutes a single … Read More

    Categories: Insurance Litigation, Blog

  • Be Nice

    Be Nice

    Life seems to be made up of many rules, written and unwritten. Most are a matter of common sense, like just being nice to people you meet and deal with. It sounds so obvious you may be asking yourself why I would spend time even mentioning it. Despite being obvious, I’ll bet someone just came to mind who you dealt with recently and the dealings were unpleasant because the other person just wasn’t nice. … Read More

    Categories: Other, Blog

  • Nate Meyer Presenting on Bad Faith Quandaries that May Arise in Auto Injury Litigation

    Nate Meyer Presenting on Bad Faith Quandaries that May Arise in Auto Injury Litigation

    Nate’s presentation will focus on potential issues in auto injury litigation cases. He will address Damron, Morris and Helme Agreements; bad faith “set-ups”; attorney fee “set-ups”; and the implied waiver of the attorney client privilege.

    What: Bad Faith Quandaries in Auto Injury Litigation

    When: June 22, 2018 - 1:30 p.m.

    Where: Holiday Inn Hotel & Suites, 3220 South 48th … Read More

    Categories: Insurance Litigation, Blog

  • Change is an Opportunity

    Change is an Opportunity

    Recently, I met with an attorney I know. She had switched firms, going back to one she had worked for previously. I was surprised because she seemed happy at her last firm. It turns out she was generally happy, but some colleagues she liked were changing firms and a call came at the right time to get her to consider leaving. She did and does, seems invigorated from the change of scenery.

    Now this attorney may be … Read More

    Categories: Other, Blog