Blog
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Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant
Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant
The Holding
In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona District Court ruled that aiding and abetting claims against a non-diverse claims manager and a non-diverse adjuster were not fraudulently joined and … Read More
Categories: Insurance Litigation, Blog
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Routine Makes You More Productive
Routine Makes You More Productive
You know this intuitively. If each day you have to do the same task(s), figuring out the best time of day, time frame and way to do those tasks will help you be more productive. The more you get done, likely the less stress you will have, which is good for you and everyone you deal with.
For instance, when I first get into my office each morning I address my email inbox to determine who I need to respond … Read More
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Arizona Reverses Award of Punitive Damages in Bad Faith Case Again
Arizona Reverses Award of Punitive Damages in Bad Faith Case Again
The Holding
In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for judgment as a matter of law on a punitive damages claim and reversed a $750,000 award of punitive damages in a bad faith case arising from an auto theft claim.
The … Read More
Categories: Insurance Litigation, Blog
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Helping Others to Success is in Your Own Best Interest
Helping Others to Success is in Your Own Best Interest
Successful people want others to succeed while unsuccessful people secretly hope others fail. I read something like this a while back and it stuck with me. The point is we are all in it together. Rarely does someone succeed alone and even when it appears they did, they probably had someone (or a number of people) helping them along the way.
Athletes have coaches. And so do many business people and professionals. … Read More
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Answer the Question
Answer the Question
Listen to what people ask you and answer their questions directly. Too many people either do not listen fully to the person they are speaking with or ignore what is being asked. In almost all situations, conversations will go better, and definitely take less time, if the person answering answers the questions instead of going off based on their own agenda.
I know many of you are thinking “this … Read More
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Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege
Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege
The Holding
In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice plaintiff did not impliedly waive the attorney-client privilege regarding communications with subsequent counsel, simply because the defendant alleged plaintiffs’ contributory negligence and … Read More
Categories: Insurance Litigation, Blog
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Jaburg Wilk Sponsors the Valley Beit Midrash Learning Series
Jaburg Wilk Sponsors the Valley Beit Midrash Learning Series
PHOENIX, Ariz. (09/27/2017) – Phoenix law firm, Jaburg Wilk sponsored the Valley Beit Midrash learning series. The comprehensive educational series spans seven months and has 38 different presentations and workshops lead by global leaders and thinkers. Beit Midrash means a “house of learning”.
The Valley Beit Midrash is a collaborative organization that brings new, exciting, … Read More
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Organization is Important
Organization is Important
Organizing is what you do before you do something, so that when you do it, it is not all mixed up. ~ A.A. Milne
Yes, I just quoted the author of Winnie-the-Pooh. And he is right, which is both obvious and apparent, especially to those of us trying to stay organized. Let’s be honest, it is a constant struggle. You have your business life and your personal life. Some people keep separate … Read More
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Change Happens
Change Happens
What is hot tomorrow won't be forever. Today's styles and trends likely will have changed by this time next year, if not sooner. You can look no further than general music trends from the '80's through now.
Back then rock ruled. Think Queen, Led Zeppelin, etc. Then glam rock became big - think of Guns-n-Roses, Motley Crue and Poison - only to be kicked to the curb by Nirvana, Pearl Jam, Soundgarden& … Read More
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Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case
Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case
The Takeaways
Bad faith defense counsel should caution their bad faith experts not to speculate that an insurer’s claim decisions were based on advice of counsel.
The Huntoncase continues the trend of Arizona federal courts finding an implied waiver of the attorney-client privilege in bad faith cases more often than Arizona state courts.
In Huntonv. American Zurich Ins. Co.,2017 … Read More
Categories: Insurance Litigation, Blog