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
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
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
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
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
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
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
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
Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case
City of Phoenix v. First State Ins Co., 2016 WL 4592906 (D. Ariz. Sept. 2, 2016)
(Order), a coverage and bad faith case arising from an Insurer denying an Insured, the City of Phoenix, defense and indemnity from a personal injury claim resulting from asbestos exposure, the Arizona District Court held that the opinion of the Insured’s bad faith expert “will be excluded to the extent that it … Read More
All Business is Relationships
It is important to remember how to be a member of the group. And don't make it only about business. Relax. All business is relationships, and it is where you need to do a good job. If you are not, you've got to tweak the formula.
Even if you know the answer, don't always volunteer it. Many people don't want to be wrong. Never. If you correct them, they're alienated from you, and that might work against … Read More