Jaburg Wilk

News/Publications

Insurance Litigation

  • Ninth Circuit Holds Removal Deadline Runs from Receipt of Complaint by Insurer Rather Than Insurer's "Statutorily Designated" Agent

    Ninth Circuit Holds Removal Deadline Runs from Receipt of Complaint by Insurer Rather Than Insurer's "Statutorily Designated" Agent

    The Holding

    In Anderson v. State Farm Mutual Automobile Insurance Co., 917 F.3d 1126 (9th Cir. 2019) (Wash.), the Ninth Circuit Court of Appeals held that the thirty-day removal deadline under 28 U.S.C. § 1446(b)(1) does not commence upon service of a complaint on an insurer’s “statutorily designated agent”; rather, it commences when an insurer receives a complaint.

    The Takeaway … Read More

    Categories: Insurance Litigation, Article

  • Jaburg Wilk Attorney Presenting at ABA TIPS Insurance Coverage Litigation Midyear Meeting

    Jaburg Wilk Attorney Presenting at ABA TIPS Insurance Coverage Litigation Midyear Meeting

    Micalann Pepe of Jaburg Wilk will present at the American Bar Association TIPS Insurance Coverage Litigation Committee Mid-Year CLE Conference.  

    What: Pre-Suit: What are the Policyholder's and Insurer's Duties Pre-Suit, Including the Duty to Defend? 

    Speaker: Micalann Pepe 

    Where: Arizona Biltmore, 2400 E Missouri Ave. Phoenix, AZ 85016

    When: February 23rd, 2019 

    & … Read More

    Categories: Insurance Litigation, Seminars

  • Arizona District Court Dismisses Bad Faith and Aiding & Abetting Claims Against TPA and Adjuster

    Arizona District Court Dismisses Bad Faith and Aiding & Abetting Claims Against TPA and Adjuster

    The Holding

    In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to dismiss bad faith and aiding and abetting claims against a Third-Party Administrator (“TPA”) and its Adjuster.

    The Takeaways

    The Arizona District Court confirmed … Read More

    Categories: Insurance Litigation, Blog

  • What is an Appraisal?

    What is an Appraisal?

    Video Transcript:

    Most first-party homeowners policies contain an appraisal provision. An appraisal provision is something that allows the insured and the insurer to resolve a difference about the amount of a particular loss.

    Most of these appraisal provisions have some common provisions. One, either party may invoke the appraisal provision by making a written request for appraisal. Two, within 20 days of that … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage

    Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage

    The Holding

    In Doneson v. Farmers Ins. Exch., 2018 WL 4781382 (Ariz.App. Oct. 3, 2018), an insurance bad faith case, the Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation benefits are required,” despite the Insured’s reimbursement of the workers’ compensation insurer.

    The Takeaways

    Arizona is more likely to enforce a MedPay … Read More

    Categories: Insurance Litigation, Blog

  • Jaburg Wilk Attorney Presenting at AADC – YLD Fall CLE Seminar

    Jaburg Wilk Attorney Presenting at AADC – YLD Fall CLE Seminar

    Micalann Pepe of Jaburg Wilk will present at the Arizona Association of Defense Counsel, Young Lawyer Division Fall CLE Seminar. The seminar will focus on strategies while litigation is ongoing, but has not proceeded to trial. 

    What: Insurance Coverage for Defense Attorneys  

    Speaker: Micalann Pepe 

    Other speakers will include Don Bivens of Snell & Wilmer and John Gray of … Read More

    Categories: Insurance Litigation, Seminars

  • 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

  • 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

  • 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

  • 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