Jaburg Wilk

News/Publications

Insurance Litigation

  • 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

  • Blake DeLong Joins Jaburg Wilk Insurance Group

    Blake DeLong Joins Jaburg Wilk Insurance Group

    PHOENIX, Ariz. (Jan.14, 2015)- Phoenix law firm Jaburg Wilk announced that Blake DeLong joined the firm as a partner, bringing his knowledge and expertise of insurance coverage and defense to the firm's Insurance Group.

    Prior to joining the firm, Blake was in-house counsel for a major insurance company and was a partner in a large Phoenix defense litigation firm. He is admitted to practice in both state and federal … Read More

    Categories: Insurance Litigation, News Release

  • How Much Do I Know About Insurance and Arizona Business?

    How Much Do I Know About Insurance and Arizona Business?

    Is there one insurance policy to cover all of my risks?

    No.  Insurance is the sale of certain risks in exchange for a premium.  No policy buys all the risks a business faces.

    How many policies do I need?

    Generally speaking, a business should have a general liability policy, coverage for automobiles used in the business and worker's compensation insurance.  But there are many other policies and … Read More

    Categories: Business & Corporate, Insurance Litigation, Article

  • Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

    Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quihuis v. State Farm

    In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014),[1] the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to establishing coverage does not bind an insurer in subsequent coverage litigation. In so holding, the Supreme Court clarified that stipulated facts in Damron Agreements regarding liability do bind an … Read More

    Categories: Insurance Litigation, Article

  • Jaburg Wilk Continues to Grow Insurance and Construction Practices

    Jaburg Wilk Continues to Grow Insurance and Construction Practices

    PHOENIX, Ariz. (Sept. 29, 2014)- The law firm of Jaburg & Wilk, P.C. announced that C. Cole Crabtree and Erick Durlach both joined the firm as partners, bringing a variety of knowledge and expertise to the firm.

    Crabtree’s practice areas include construction defect, products liability, professional liability, personal injury and general insurance defense litigation. He represents both design professionals … Read More

    Categories: Insurance Litigation, News Release

  • What is a Morris Agreement?

    What is a Morris Agreement?

    A "Morris Agreement" is a "settlement agreement entered into when the insurer is defending under a reservation of rights under which the insured stipulates to a judgment, assigns his rights against the insurer to the claimant, and receives in return a covenant from the claimant not to execute against the insured."See Parking Concepts, Inc. v. Tenney 207 Ariz. 19 n.1, 83 P.3d 19n.1 (2004). 

    What is the … Read More

    Categories: Insurance Litigation, Article

  • Toxic Mold can Infect Your Bottom Line

    Toxic Mold can Infect Your Bottom Line

    Toxic mold and asbestos have nothing in common from a biochemical viewpoint. But from a business perspective, they share one big thing. Both cause expensive legal problems for insurers, construction companies, property developers, building owners and managers, landlords, contractors and subcontractors, school districts, suppliers, investors, lenders and employers.

    Understand the Surge

    In the past few years, … Read More

    Categories: Insurance Litigation, Article

  • Commercial General Liability Insurance

    Commercial General Liability Insurance

    A business benefits from adequate commercial general liability coverage, sometimes referred to as "CGL" insurance. Such a policy protects if someone is injured at the place of business. It also covers damage or injuries caused by company employees at a customer place of business or home. Typically, there are four basic categories of coverage in a CGL policy. These include: bodily injury; property damage; personal … Read More

    Categories: Insurance Litigation, Article

  • Arizona Court of Appeals Holds UM/UIM Election Form Must Include Premium Prices

    Arizona Court of Appeals Holds UM/UIM Election Form Must Include Premium Prices

    WARNING:  On August 27, 2013, the Arizona Supreme Court depublished the Melendez decision.  “Unpublished memorandum decisions may not be cited.” See Ariz. R. Supreme Court 111(c) (2014); ARCAP 28(c) (2014).  Furthermore, the Court of Appeals overruled Melendez in Newman v. Cornerstone National Insurance Company, 2014 WL 1257129 * 3 (Ariz.App. Mar. 27 2014), which held a “premium … Read More

    Categories: Insurance Litigation, Article

  • Arizona Court of Appeals Holds Younger Brother is Entitled toUnderinsured Motorist Coverage as Resident of Older Brother’s Household‏

    Arizona Court of Appeals Holds Younger Brother is Entitled toUnderinsured Motorist Coverage as Resident of Older Brother’s Household‏

    by Nathan D. Meyer

    In Mendota Insurance Company v. Gallegos, 232 Ariz. 126, 302 P.3d 651, 657 (2013), the Arizona Court of Appeals recently held that a named insured’s younger brother was a resident of his older brother’s household and therefore entitled to underinsured motorist (“UIM”) coverage despite the facts that Older Brother rented a room at friend’s house … Read More

    Categories: Insurance Litigation, Article

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