Insurance Litigation
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Arizona Court of Appeals Holds Insured Waived Objections to UIM Arbitrator’s Alleged Partiality
Arizona Court of Appeals Holds Insured Waived Objections to UIM Arbitrator’s Alleged Partiality
The Holding
In Fisher v. USAA Casualty Insurance Company, 2018 WL 3804114 (Ariz. App. Aug. 7, 2018), a case arising from an underinsured motorist (“UIM”) arbitration, the Arizona Court of Appeals affirmed the trial court’s refusal to vacate an arbitration award because of an arbitrator’s alleged partiality. The Insureds knew about the Arbitrator’s alleged relationship with the … Read More
Categories: Insurance Litigation, Blog
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Jaburg Wilk Partner Pepe Selected to TIPS Leadership Academy
Jaburg Wilk Partner Pepe Selected to TIPS Leadership Academy
PHOENIX, Ariz. (08/10/2018) – Micalann Pepe, a new partner at Jaburg Wilk, was recently selected from a nation-wide pool of applicants as one of only 25 members in the 2018-19 Leadership Academy of the American Bar Association’s Torts and Insurance Practice Group (“TIPS”). The attorneys selected were identified as emerging leaders and are actively committed to … Read More
Categories: Insurance Litigation, News Release
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Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors
Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors
The Holding
In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss claim/rights under a homeowners policy to a water damage mitigation and remediation contractor.
The Takeaways
Arizona insureds may validly assign a post-loss breach of contract claim to a … Read More
Categories: Insurance Litigation, Blog
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Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home
Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home
The Holding
In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for negligent excavation against the Insured, an alleged builder-vendor, because the claim arose from the Insured’s alleged breach of a common law duty to construct a home as a reasonable builder … Read More
Categories: Insurance Litigation, Blog
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Jaburg Wilk Names Three New Partners
Jaburg Wilk Names Three New Partners
PHOENIX, Ariz. (07/01/2018) – Jaburg Wilk named three attorneys – Micalann C. Pepe, Jeffrey Silence and Michael Dvoren - as partners of the firm effective July 1, 2018.
Micalann Pepe is an insurance, litigation, and business law attorney and represents her insurer clients in insurance coverage disputes and bad faith litigation. She graduated from Arizona State University, Sandra Day O’Connor … Read More
Categories: Business & Corporate, Employment, Insurance Litigation, Intellectual Property, Internet and Technology, News Release
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Arizona Court of Appeals Holds Multiple Negligent Acts Constitute a Single Occurrence Under CGL Policy
Arizona Court of Appeals Holds Multiple Negligent Acts Constitute a Single Occurrence Under CGL Policy
The Holding
In Cincinnati Indem. Co. v. Southwestern Line Constructors Joint Apprenticeship and Training Program, et al, 2018 WL 2330627 (May 31, 2018), the Arizona Court of Appeals upheld summary judgment granted to an insurer because, under the Policy’s definition of “occurrence” as an “accident,” a single event caused by several independent acts constitutes a single … Read More
Categories: Insurance Litigation, Blog
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Nate Meyer Presenting on Bad Faith Quandaries that May Arise in Auto Injury Litigation
Nate Meyer Presenting on Bad Faith Quandaries that May Arise in Auto Injury Litigation
Nate’s presentation will focus on potential issues in auto injury litigation cases. He will address Damron, Morris and Helme Agreements; bad faith “set-ups”; attorney fee “set-ups”; and the implied waiver of the attorney client privilege.
What: Bad Faith Quandaries in Auto Injury Litigation
When: June 22, 2018 - 1:30 p.m.
Where: Holiday Inn Hotel & Suites, 3220 South 48th … Read More
Categories: Insurance Litigation, Blog
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Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"
Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"
The Holding
In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did not apply to the “Affiliated Insurers”—GEICO Casualty Company and GEICO Indemnity Company.
The Takeaway
If affiliated insurers issue multiple policies to … Read More
Categories: Insurance Litigation, Blog
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Nate Meyer: Featured Speaker on Insurance Law Seminar
Nate Meyer: Featured Speaker on Insurance Law Seminar
Nate Meyer will discuss alleged bad faith claims at the Phoenix chapter meeting of CLM – Claims and Litigation Management group.
What: Why Gamble on Faith?
When: June 6,2018 from 2:30 p.m.-6:00 p.m.
Where: The Yard in Tempe
Registration: Click Here
Categories: Insurance Litigation, Seminars
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Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance
Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance
Commercial contracts often require the party with less bargaining power to procure insurance for the party with more bargaining power as a way to shift risk and potential liability. General Contractors often require a Subcontractor's policy to name the General Contractor as an "Additional Insured." Lenders often require a Borrower's policy to name the Lender as a "Loss Payee." Landlords sometimes … Read More
Categories: Insurance Litigation, Article