Jaburg Wilk

News/Publications

Blog

  • Focus on Doing Good Work, Not Money

    Focus on Doing Good Work, Not Money

    You are saying "What? But I want to work to make money." We all work to be able to support ourselves. What I mean is if you focus on doing the best you can, the money likely will follow. If you only focus on money you will try to close deals that shouldn't close or sell something to someone that they don't need. If you are okay with that and the bad karma you deserve, you should take a look in the mirror and see … Read More

    Categories: Other, Blog

  • Arizona Employers Need to Update Employee Handbooks

    Arizona Employers Need to Update Employee Handbooks

    Employment law changes and evolves. Best practice for employers is to have an experienced employment attorney review and update their employee handbook to be in compliance with labor laws. At a minimum, the following areas need to be addressed to have an up-to-date employee handbook for Arizona employers.

    Proposition 203, Arizona Medical Marijuana Act

    In November 2010, Arizona voters approved Proposition 203, … Read More

    Categories: Employment, Blog

  • In Real Life You Shouldn’t be Keeping Score

    In Real Life You Shouldn’t be Keeping Score

    Don't be envious of others. Just because you think they have a better title or seem to have more money doesn't mean it’s true. The person you view as a "higher up" may hate the position they are in. The person who seems to have money may be living on debt. Not making assumptions is a topic for another day. 

    Similarly, don't be vindictive. Don't try to get even. If you really analyze a situation where … Read More

    Categories: Other, Blog

  • Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor

    Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor

    In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment in favor of an Additional Insured General Contractor and found the “subcontractor exception” to the “your work” exclusion did not apply to the Additional Insured. … Read More

    Categories: Insurance Litigation, Blog

  • 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