Insurance Litigation
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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
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Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case
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
Categories: Insurance Litigation, Blog
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Offers of Judgment in Arizona Bad Faith Cases
Offers of Judgment in Arizona Bad Faith Cases
In Stafford v. Burns, --- P.3d ---, 2017 WL 164310 (Ariz.App. January 17, 2017), 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).”
Rule 68
In Arizona, … Read More
Categories: Insurance Litigation, Blog
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Arizona Bad Faith Insurance Update
Arizona Bad Faith Insurance Update
In Romero v. Mendota Ins. Co., 2016 WL 6775950 (D. Ariz. Nov. 16, 2016), the Arizona District Court granted a Motion to Remand a breach of contract and insurance bad faith case arising from UIM claims-despite the Insureds certifying the case was worth more than the $50,000 compulsory arbitration limit and seeking punitive damages-because the Insurer did not prove the amount in controversy "more likely than … Read More
Categories: Insurance Litigation, Blog
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Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership
Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership
Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving, nervousness of having a salesperson in the passenger seat, and the distraction that comes with evaluating the car and not the road, and the potential for accidents often … Read More
Categories: Business & Corporate, Insurance Litigation, Article
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Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor
Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor
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 & … Read More
Categories: Construction, Insurance Litigation, Article
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How to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases
How to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases
How to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases
This article examines the implied waiver of the attorney-client privilege, notes guidelines that will assist an Insurer’s analysis of whether a court will find a waiver of the Privilege, and offers tips for how an Insurer can avoid the implied waiver of the Privilege.
Full article Read More
Categories: Insurance Litigation, Article
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Tips to Avoid The Implied Waiver
Tips to Avoid The Implied Waiver
Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases
Categories: Insurance Litigation, Article
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Guidelines to Assist in Implied Waiver
Guidelines to Assist in Implied Waiver
Guidelines to Assist an Insurer's Analysis of Whether a Court Will Find an Implied Waiver of the Attorney Client Privilege in Arizona Bad Faith Cases
Categories: Insurance Litigation, Article
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Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance
Arizona Reduces Punitive Damages in Insurance Bad Faith Case Again: Arellano v. Primerica Life Insurance
In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer's conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive damages award from $1,117,572 to $328,000—a 4:1 ratio to bad faith compensatory damages of $82,000. In so holding, the Court of Appeals continues Arizona's trend of reducing punitive damages … Read More
Categories: Insurance Litigation, Article