Jaburg Wilk

News/Publications

Insurance Litigation

  • 26th Annual Insurance Coverage Litigation Committee Mid-Year Seminar

    26th Annual Insurance Coverage Litigation Committee Mid-Year Seminar

    Nate Meyer and Micalann Pepe: Panel Moderators for 26th Annual Insurance Coverage Litigation Committee 

    Micalann Pepe will moderate for "Reasonable Settlements, Stipulated Judgments, and Primary and Excess Insurers" panel 

    What: Standard primary and excess liability policy provisions require insurer consent to any settlement for which the insurer will be obliged to pay. But insureds and … Read More

    Categories: Insurance Litigation, Seminars

  • Arizona District Court Rejects Discovery of Medical Expert's Previous Reports in Bad Faith Case

    Arizona District Court Rejects Discovery of Medical Expert's Previous Reports in Bad Faith Case

    The Holding 

    In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of the Insureds’ subpoena to a medical expert which sought:  (a) all medical review reports prepared by the medical expert during the last five years, and (b)& … Read More

    Categories: Insurance Litigation, 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

  • 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

  • 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

  • Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege

    Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege

    The Holding

    In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice plaintiff did not impliedly waive the attorney-client privilege regarding communications with subsequent counsel, simply because the defendant alleged plaintiffs’ contributory negligence and … Read More

    Categories: Insurance Litigation, Blog

  • Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case

    Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case

    The Takeaways 

    Bad faith defense counsel should caution their bad faith experts not to speculate that an insurer’s claim decisions were based on advice of counsel. 

    The Huntoncase continues the trend of Arizona federal courts finding an implied waiver of the attorney-client privilege in bad faith cases more often than Arizona state courts.

    In Huntonv. American Zurich Ins. Co.,2017 … Read More

    Categories: Insurance Litigation, Blog

  • Bad Faith and Insurance Coverage Seminar

    Bad Faith and Insurance Coverage Seminar

    Nate Meyer Featured Speaker on Bad Faith & Insurance Coverage

    Nate Meyer is a featured speaker at an upcoming seminar, "Auto Injury Litigation - From Start to Finish".  Nate will address "Insurance Coverage Research & Negotiations with Claims Personnel" and "Bad Faith".

    What: The seminar will cover the lifecycle of an auto injury case from case intake to arbitration or litigation.  … Read More

    Categories: Insurance Litigation, Seminars

  • 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