Insurance Litigation
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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
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Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind
Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind
The Holding
In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert opinion that the Insurer’s alleged “claims handling failures” were “pervasive enough to support the conclusion that upper management had to have known of, and approved, … Read More
Categories: Insurance Litigation, Blog
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Jaburg Wilk Partner Nate Meyer Named Top Author by JD Supra
Jaburg Wilk Partner Nate Meyer Named Top Author by JD Supra
PHOENIX, Ariz. (03/21/2018) – Nate Meyer, a partner at the Phoenix law firm of Jaburg Wilk, was recently named a top author by JD Supra in the 2018 Readers Choice Awards. Nate was selected as a thought leader in insurance law. More than 50,000 authors contributed to JD Supra last year and Nate was one of 240 authors selected for this national … Read More
Categories: Insurance Litigation, Blog
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Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification
Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification
The Holding
In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the Arizona Supreme Court answered a Certified Question from the Ninth Circuit Court of Appeals and held that Arizona's equitable indemnity law does not incorporate the First … Read More
Categories: Insurance Litigation, Blog
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Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case
Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case
The Award
In McClure v. CC Services Inc. & Country Life Insurance Company dba Country Life Financial, an Arizona insurance bad faith case arising from a disability claim, a jury awarded $1.29 million in compensatory damages and $5 million in punitive damages.
The Takeaway
Although Arizona has a reputation for conservative juries—particularly Phoenix juries in Maricopa County—the award … Read More
Categories: Insurance Litigation, Blog
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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
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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
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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
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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
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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