Jaburg Wilk

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  • Arizona Confirms Two "Claims"​ Against Two Drivers Arising From One Accident Does Not Allow Insured to Stack UIM Coverage

    Arizona Confirms Two "Claims"​ Against Two Drivers Arising From One Accident Does Not Allow Insured to Stack UIM Coverage

    Yeager v. State Farm Mut. Auto Ins. Co., 2017 WL 491121 (Ariz. App. February 7, 2017)

    Memorandum Decision, a declaratory judgment action, the Arizona Court of Appeals rejected an Insured’s argument that she could stack UIM coverage’s in separate policies issued by the same Insurer. The Insured was involved in a single accident, but argued she made “two” claims—one UIM claim … Read More

    Categories: Insurance Litigation, Blog

  • Stand for Something and Respect Opinions

    Stand for Something and Respect Opinions

    Have a viewpoint. Stand for something. If you don't, you stand for nothing at all. 

    We don't have to agree with others all of the time. But when you don't, be respectful. Agree to disagree. You learn more from dialogue with someone you don't agree with than with someone you agree with.  

    Plus, none of us are right all of the time. If someone says something that makes you potentially … Read More

    Categories: Other, Blog

  • Why Current PTO Policies are Not Enough to Comply with Arizona Prop 206

    Why Current PTO Policies are Not Enough to Comply with Arizona Prop 206

    On May 23, 2017, the Arizona Industrial Commission issued a new FAQ concerning Arizona’s new paid sick time law (the Fair Wages and Healthy Families Act). The new FAQ attempts to address many of the issues that were not previously addressed in the Industrial Commission’s FAQ. We will explain the following Q&A and detail four key areas of concern if an Arizona employer does not create a separate PST … Read More

    Categories: Employment, Blog

  • Ninth Circuit Affirms Abuse Exclusion Precludes Coverage for Failure to Prevent or Stop Abuse in Arizona

    Ninth Circuit Affirms Abuse Exclusion Precludes Coverage for Failure to Prevent or Stop Abuse in Arizona

    American Family Mut. Ins. Co. v. Verdugo, 2017 WL 2211275 (9th Cir. 2017)

    Memorandum Decision, a coverage case arising from a homeowners policy, the Ninth Circuit Court of Appeals affirmed an Arizona District Court’s holding that an Abuse Exclusion precluded coverage for derivative negligence claims against Insured’s who allegedly failed to prevent or report abuse. 

    Insurance Case Overview … Read More

    Categories: Insurance Litigation, Blog

  • Apply Yourself

    Apply Yourself

    Your effort at what you do for a living is everything.   You may be smarter, but you can be outworked by someone with less intelligence.

    When you were young (and sometimes - to your detriment - when you were older) your mother told you how smart you are. For many, by the time they become teenagers, it changes to you’re smart and if you would just apply yourself you would get better grades. … Read More

    Categories: Other, Blog

  • Always Strive to Improve Yourself

    Always Strive to Improve Yourself

    You can do better. You can be better. Always. If you don't think so you are only fooling yourself. You must invest in yourself.  

    If you put your money in a can and bury it in your backyard, it will earn nothing. If you invest these funds instead, they will have the chance to grow. The corollary is if you do not take the time to improve yourself, to learn, you will become stagnant and, in this … Read More

    Categories: Other, Blog

  • Have Fun at Work!

    Have Fun at Work!

    Fun at work?  Exactly.  If you can't have fun at work, then why are you there? Fun and good work do go together. A joke can even reduce tension during stressful times at work. We all know the saying "Laughter is the best medicine" and inherently know it is true.

    This doesn't mean you feel like you have time to joke around with co-workers every day, but, if you think about those type of days, … Read More

    Categories: Other, Blog

  • Ninth Circuit Revives Arizona Insured's Attempt to Collect Stipulated Judgment From Insurer

    Ninth Circuit Revives Arizona Insured's Attempt to Collect Stipulated Judgment From Insurer

    Labertew v. Langemeier, 846 F.3d 1028 (9th Cir. 2017)

    The Ninth Circuit overruled the Arizona District Court’s dismissal of a garnishment filed by a Plaintiff/Assignee against an Insurer to collect a $1.5 million stipulated judgment entered against an Insurer pursuant to a “Damron Agreement.”

    Under a Damron Agreement, if an insurer refuses to defend an insured, then an insured may … Read More

    Categories: Insurance Litigation, Blog

  • Preparation is Key

    Preparation is Key

    Recently, I called a client to set up a block of time to prepare for mediation. The client didn’t understand why we needed to meet and thought you just go in and see if the dispute can be settled or not. This common misconception regarding mediation speaks to an important topic: preparation.

     

    I had to explain to the client that the two most important times in a lawsuit are mediation and trial. … Read More

    Categories: Other, Blog

  • Do You Follow Up?

    Do You Follow Up?

    One-way to know if you follow up is to ask yourself if things you want to get done do. This includes tasks you or others, whether inside or outside your company, are working on. I know many of you are thinking you shouldn't have to follow up for things to be completed. That is a misplaced thought. 

     

    How many times have you realized at or just before the end of the business day a task or project … Read More

    Categories: Other, Blog