Jaburg Wilk

News/Publications

Insurance Litigation

  • Jaburg Wilk Names Three New Partners

    Jaburg Wilk Names Three New Partners

    PHOENIX, Ariz. (01/10/2020) – Jaburg Wilk named three attorneys – Nichole Wilk, Natalya Ter-Grigoryan and Michelle Ronan - as partners of the firm effective January 1, 2020.

    Nichole Wilk is business transactional law, probate, and commercial litigation attorney. She graduated from Gonzaga University School of Law, Spokane and has been a practicing attorney since 2009. Nichole has been named a … Read More

    Categories: Business & Corporate, Estate Planning, Family Law, Insurance Litigation, News Release

  • Is an Insurer's selection of an Appraiser important?

    Is an Insurer's selection of an Appraiser important?

    Video Transcript:

    Hi, my name is Nate Meyer, I'm a partner at Jaburg Wilk. My primary practice areas are insurance coverage in bad faith, commercial litigation, and professional liability.

    Appraisal of First Party Property Claims in Arizona - Part 2: Is an Insurer's selection of an Appraiser important?

    Absolutely. An insurer's selection of appraiser is critical for our least two reasons. First, if the appraisal … Read More

    Categories: Insurance Litigation

  • Jaburg Wilk Partner Pepe Appointed to National Leadership Positions

    Jaburg Wilk Partner Pepe Appointed to National Leadership Positions

    PHOENIX, Ariz. (08/28/2019) – Micalann Pepe was selected to be one of only twenty-four members of the American Bar Association Tort Insurance Practice Section Leadership Academy for 2018-2019.

    At the end of that leadership training program, in addition to beginning her third term as Vice Chair Insurance Coverage Litigation Committee, the ABA selected her to be Vice Chair for the following national American … Read More

    Categories: Insurance Litigation, News Release

  • Arizona Court of Appeals Holds MedPay Benefits Are Subject to Health Care Provider Liens

    Arizona Court of Appeals Holds MedPay Benefits Are Subject to Health Care Provider Liens

    The Holding

    In Dignity Health v. Farmers Ins. Co. of Ariz., 1 CA-CV-18-0292, 2019 WL1499855 (Ariz. App. June 11, 2019), the Arizona Court of Appeals recently held MedPay benefits are subject to health care provider liens because MedPay coverage does not qualify as “health Insurance” exempt from medical provider liens under A.R.S. § 33-931.

    The Takeaways

    An insurer’s payment of MedPay … Read More

    Categories: Insurance Litigation, Blog

  • 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