Jaburg Wilk

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  • Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”

    Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”

    In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016),[1] despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court of Appeals reversed a $1 million award of punitive damages.  In so holding, the Court of Appeals continued Arizona’s trend of reducing or reversing punitive … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Court of Appeals Holds Injury That Occurred Shortly After Plaintiff Exited a Vehicle Did Not Arise Out of the Use of an Auto

    Arizona Court of Appeals Holds Injury That Occurred Shortly After Plaintiff Exited a Vehicle Did Not Arise Out of the Use of an Auto

    United Financial Casualty Co. v. Associated Indem. Corp., 2016 WL 6518491 (Ariz. App. November 3, 2016)

    The Arizona Court of Appeals (Memorandum Decision), held that a plaintiff’s injury, which occurred approximately one minute after she exited an insured automobile and after she walked approximately ten feet: 

    did not fall within commercial automobile liability coverage for “bodily … Read More

    Categories: Insurance Litigation, Blog

  • Arizona District Court Holds Insurer That Never Conceded Coverage, but Offered Policy Limits, is Not Liable as a Matter of Law for Excess Judgment

    Arizona District Court Holds Insurer That Never Conceded Coverage, but Offered Policy Limits, is Not Liable as a Matter of Law for Excess Judgment

    GEICO Indem. Co. v. Smith, 2016 WL 5791532 (D. Ariz. Oct. 4, 2016)

    The Arizona District Court (Arizona and Pacific Reporter citations not yet available), held that an Insurer who offers its policy limits as a business consideration, but never concedes coverage, is not liable as a matter of law for an excess judgment against its Insured.

    In Smith, an Insurer twice denied coverage for a claim, … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Court of Appeals Confirms No "Good Faith"​ Requirement for Offers of Judgment

    Arizona Court of Appeals Confirms No "Good Faith"​ Requirement for Offers of Judgment

    Stafford v. Burns, ---P.3d---,2017 WL 164310 (Ariz.App. January 17, 2017)

    This is a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline [d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).” 

    In Arizona, a Rule 68 Offer of … Read More

    Categories: Insurance Litigation, Blog

  • How To Be Happier at Work

    How To Be Happier at Work

    Success doesn’t make you happy – happiness makes you successful.   

    Numerous studies show that employees who are happy and feel respected at work are significantly more productive and less likely to look for new employment. Unfortunately, many employees are not happy at work. They are fearful of management and/or each other. There is no sense of “team.” Many of these unhappy … Read More

    Categories: Employment, Blog

  • Don’t Let Your Communication be an Illusion, Communicate to be Understood!

    Don’t Let Your Communication be an Illusion, Communicate to be Understood!

    Communication is a singular important matter in all contacts between people. But it does not always happen in a way leading to understanding on the same level between the participants in the conversation. This is highlighted by a quote that I like:  The single biggest problem in communication is the illusion that it has taken place - George Bernard Shaw

    Do the people you communicate with understand what … Read More

    Categories: Other, Blog

  • What Happens If a Litigant Beats Multiple Offers of Judgment in Arizona?

    What Happens If a Litigant Beats Multiple Offers of Judgment in Arizona?

    In Orosco v. Maricopa County Special Health Care District, (2017 WL 469690) (Ariz. App. February 2, 2017), a medical malpractice case in which the jury’s $4.25 million verdict exceeded two offers of judgment made by plaintiffs, the Arizona Court of Appeals held “a subsequent offer of judgment does not extinguish the effect of an offeree’s failure to accept a prior offer when the judgment is … Read More

    Categories: Insurance Litigation, Blog

  • Live in Today with an Eye for Tomorrow

    Live in Today with an Eye for Tomorrow

    Life is long. You will work for a long time. There is no winning instantly. Success takes time. What you do each day matters for your future. The big picture makes living for today essential, which means having a plan and working it. By doing so you really are playing for the future, and for your first taste of, or your continuing, success.

    The person you do a favor for today will help you tomorrow. The client … Read More

    Categories: Other, Blog

  • Be Informed

    Be Informed

    Everywhere I look these days people are arguing. At least it feels that way. About politics.  About the environment. About issues big and small.

    I have written before about how important it is to be an active listener. When I listen I hear a lot of people simply parroting what others say without any independent thought. Or worse, they are speaking about something they clearly have no idea about.

    I … Read More

    Categories: Other, Blog

  • Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations

    Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations

    On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC).   The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify various aspects of Arizona law regarding modification of child support including the legal consequence of a previously … Read More

    Categories: Family Law, Blog