Jaburg Wilk

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  • Travel Extensively and Meet People

    Travel Extensively and Meet People

    Make travel your norm. We all need to take breaks from work and recharge. If you wait for when you have more time or retire, that time may never come. Or maybe you will retire one day, but be physically unable to go to the places you always hoped and planned to. This is part of work/life balance. 

    When you travel, immerse yourself in local culture and places. Attempt to meet (hopefully interesting) locals to … Read More

    Categories: Other, Blog

  • An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

    An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

    Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so this post is a refresher.

    The Holding

    In Voland v. Farmers Ins. Co. of Arizona, 189 Ariz. 448, 453, 943 P.2d 808, 813 (App. 1997), the Arizona Court of Appeals held "the … Read More

    Categories: Other, Blog

  • Try to Be Different Not Better

    Try to Be Different Not Better

    I know you may be thinking I want to be seen as different by my peers. But showing people you’re different will go a long way to proving you are better. For instance, I’ve written about my firm’s intentional culture known as the JW Way because it makes us different than most other law firms. 

    What I’ve found is that most potential clients and referral sources are attracted to the JW … Read More

    Categories: Other, Blog

  • Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

    Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

    The Holding

    In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory judgment case.  

    The Takeaway

    Insurers may consider attorney fees and punitive damages when considering whether a case on the borderline of the $75,000 minimum amount in … Read More

    Categories: Insurance Litigation, Blog

  • Invest Time in Yourself to Lower Stress Levels

    Invest Time in Yourself to Lower Stress Levels

    There is the old proverb “All work and no play makes Jack a dull boy.” Hundreds of years ago when this proverb came into use it meant that if you only work you would be bored or boring. My point to you is different: All work and no play makes Jack a stressed boy or Jane a stressed girl. This is something you know, but are you willing to try new steps to lower your stress level?

    Many … Read More

    Categories: Other, Blog

  • Read All the Time

    Read All the Time

    Sometimes it is what you know, despite the universally repeated cliché “everything is who you know, not what you know.” Who you know is important, but what are you going to speak about with the people you know or meet? What you know, of course. The more you know, the more topics you can speak intelligently on with those you know and meet. This is important in the real world.

    And what should you … Read More

    Categories: Other, Blog

  • 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

  • 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

    Categories: Other, Blog

  • 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

  • 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

    Categories: Other, Blog