Jaburg Wilk

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Blog

  • Arizona Court of Appeals Notes "Good Reasons to Suspect Arson"​ and Disregards Insured's Expert Affidavit in Bad Faith Case

    Arizona Court of Appeals Notes "Good Reasons to Suspect Arson"​ and Disregards Insured's Expert Affidavit in Bad Faith Case

    Epperson v. AAA Fire & CAs. Ins Co., WL 406144 (Ariz.App January 31, 2017)

    Memorandum Decision, an insurance bad faith case arising from a fire claim, the Arizona Court of Appeals affirmed the trial court’s grant of summary judgment to an Insurer, despite the Insurer paying the claim over 15 months after the fire occurred.

    The Insured’s argued the trial court erroneously ruled there was no bad … Read More

    Categories: Insurance Litigation, Blog

  • Appearances Don’t Matter, Never Assume!

    Appearances Don’t Matter, Never Assume!

    We all run into people who appear to be successful. It can be how they carry themselves, the car they drive, the clothes they wear or the words they say. Some are. Some aren't. Fake it till you make it, the saying goes.

    Of course, some of the most successful people won't look like how many of us picture success. How about Sam Walton driving a pickup truck his whole life despite starting what is one of the largest … Read More

    Categories: Other, Blog

  • Illusion of Insurance Coverage

    Illusion of Insurance Coverage

    Many contracts or leases require one party to get insurance protection for the other party or landlord. Typically, they simply pass along the request for the insurance coverage to their insurance agent or broker and assume that their insurance will be updated to reflect the addition. To “prove” compliance with the contract requiring additional insurance coverage, the parties will often rely upon a & … Read More

    Categories: Insurance Litigation, Blog

  • Keep it Simple

    Keep it Simple

    What do people remember? Think of a favorite song. What about it makes you listen? Probably a distinctive element like a catchy riff or lyric. It sticks in your head.

    Making your case to a judge or jury, a pitch to a potential client or that short time you have when making your elevator speech is the same.  The distinctive riff is an easy to remember sentence or phrase that sums up what you want people … Read More

    Categories: Other, Blog

  • 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