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

  • 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

  • Younger Brother Entitled to Underinsured Motorist Coverage as Resident of Older Brother’s Household‏

    Younger Brother Entitled to Underinsured Motorist Coverage as Resident of Older Brother’s Household‏

    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 and spent the majority of his time at his girlfriend's … Read More

    Categories: Insurance Litigation, Article

  • Continuing Bad Faith: Theory of Liability or Rule of Evidence?

    Continuing Bad Faith: Theory of Liability or Rule of Evidence?

    By: Douglas L. Christian and Nathan D. Meyer

    I. Introduction

    Not often does a concept's name obfuscate its meaning. "Continuing bad faith," however, is much more than its name implies. An insurer's duty of good faith is pervasive and its application to claim handling has matured into a formidable body of law. The duty is not intractable and is generally shaped by the circumstances of the claim. One circumstance … Read More

    Categories: Insurance Litigation, Article

  • Arizona Court of Appeals Upholds Damron Agreement & Declares Facts in Stipulated Judgments Bind Insurers for Purposes of Coverage

    Arizona Court of Appeals Upholds Damron Agreement & Declares Facts in Stipulated Judgments Bind Insurers for Purposes of Coverage

    The Arizona Court of Appeals recently upheld as valid and enforceable a Damron Agreement in which an insured and its excess insurer assigned their rights against a primary insurer.  In so holding, the Court of Appeals made the significant declaration that an insurer who refuses to defend is bound for purposes of coverage by any issues determined in a stipulated judgment that underlies a Damron … Read More

    Categories: Insurance Litigation, Article