Jaburg Wilk

News/Publications

Insurance Litigation

  • 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’ compensationinsurer.

    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

  • Jaburg Wilk Names Three New Partners

    Jaburg Wilk Names Three New Partners

    PHOENIX, Ariz. (07/01/2018) – Jaburg Wilk named three attorneys – Micalann C. Pepe, Jeffrey Silence and Michael Dvoren - as partners of the firm effective July 1, 2018.

    Micalann Pepe is an insurance, litigation, and business law attorney and represents her insurer clients in insurance coverage disputes and bad faith litigation. She graduated from Arizona State University, Sandra Day O’Connor … Read More

    Categories: Business & Corporate, Employment, Insurance Litigation, Intellectual Property, Internet and Technology, News Release

  • Arizona Court of Appeals Holds Multiple Negligent Acts Constitute a Single Occurrence Under CGL Policy

    Arizona Court of Appeals Holds Multiple Negligent Acts Constitute a Single Occurrence Under CGL Policy

    The Holding

    In Cincinnati Indem. Co. v. Southwestern Line Constructors Joint Apprenticeship and Training Program, et al, 2018 WL 2330627 (May 31, 2018), the Arizona Court of Appeals upheld summary judgment granted to an insurer because, under the Policy’s definition of “occurrence” as an “accident,” a single event caused by several independent acts constitutes a single … Read More

    Categories: Insurance Litigation, Blog

  • Nate Meyer Presenting on Bad Faith Quandaries that May Arise in Auto Injury Litigation

    Nate Meyer Presenting on Bad Faith Quandaries that May Arise in Auto Injury Litigation

    Nate’s presentation will focus on potential issues in auto injury litigation cases. He will address Damron, Morris and Helme Agreements; bad faith “set-ups”; attorney fee “set-ups”; and the implied waiver of the attorney client privilege.

    What: Bad Faith Quandaries in Auto Injury Litigation

    When: June 22, 2018 - 1:30 p.m.

    Where: Holiday Inn Hotel & Suites, 3220 South 48th … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"

    Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers"

    The Holding

    In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did not apply to the “Affiliated Insurers”—GEICO Casualty Company and GEICO Indemnity Company.

    The Takeaway

    If affiliated insurers issue multiple policies to … Read More

    Categories: Insurance Litigation, Blog