Jaburg Wilk

News/Publications

Insurance Litigation

  • Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

    Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

    Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips:

    An Insurer should consider whether to defend a bad faith claim solely on objective reasonableness.[1]

    An Insurer should avoid, if possible, asserting its actions were subjectively reasonable based on its adjuster& … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Court of Appeals Notes "Good Reasons to Suspect Arson"​ and Disregards Insured's Expert Affidavit in Bad Faith Case

    Arizona Court of Appeals Notes "Good Reasons to Suspect Arson"​ and Disregards Insured's Expert Affidavit in Bad Faith Case

    Epperson v. AAA Fire & CAs. Ins Co., WL 406144 (Ariz.App January 31, 2017)

    Memorandum Decision, an insurance bad faith case arising from a fire claim, the Arizona Court of Appeals affirmed the trial court’s grant of summary judgment to an Insurer, despite the Insurer paying the claim over 15 months after the fire occurred.

    The Insured’s argued the trial court erroneously ruled there was no bad … Read More

    Categories: Insurance Litigation, Blog

  • Illusion of Insurance Coverage

    Illusion of Insurance Coverage

    Many contracts or leases require one party to get insurance protection for the other party or landlord. Typically, they simply pass along the request for the insurance coverage to their insurance agent or broker and assume that their insurance will be updated to reflect the addition. To “prove” compliance with the contract requiring additional insurance coverage, the parties will often rely upon a & … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Confirms Two "Claims"​ Against Two Drivers Arising From One Accident Does Not Allow Insured to Stack UIM Coverage

    Arizona Confirms Two "Claims"​ Against Two Drivers Arising From One Accident Does Not Allow Insured to Stack UIM Coverage

    Yeager v. State Farm Mut. Auto Ins. Co., 2017 WL 491121 (Ariz. App. February 7, 2017)

    Memorandum Decision, a declaratory judgment action, the Arizona Court of Appeals rejected an Insured’s argument that she could stack UIM coverage’s in separate policies issued by the same Insurer. The Insured was involved in a single accident, but argued she made “two” claims—one UIM claim … Read More

    Categories: Insurance Litigation, Blog

  • Ninth Circuit Affirms Abuse Exclusion Precludes Coverage for Failure to Prevent or Stop Abuse in Arizona

    Ninth Circuit Affirms Abuse Exclusion Precludes Coverage for Failure to Prevent or Stop Abuse in Arizona

    American Family Mut. Ins. Co. v. Verdugo, 2017 WL 2211275 (9th Cir. 2017)

    Memorandum Decision, a coverage case arising from a homeowners policy, the Ninth Circuit Court of Appeals affirmed an Arizona District Court’s holding that an Abuse Exclusion precluded coverage for derivative negligence claims against Insured’s who allegedly failed to prevent or report abuse. 

    Insurance Case Overview … Read More

    Categories: Insurance Litigation, Blog

  • Ninth Circuit Revives Arizona Insured's Attempt to Collect Stipulated Judgment From Insurer

    Ninth Circuit Revives Arizona Insured's Attempt to Collect Stipulated Judgment From Insurer

    Labertew v. Langemeier, 846 F.3d 1028 (9th Cir. 2017)

    The Ninth Circuit overruled the Arizona District Court’s dismissal of a garnishment filed by a Plaintiff/Assignee against an Insurer to collect a $1.5 million stipulated judgment entered against an Insurer pursuant to a “Damron Agreement.”

    Under a Damron Agreement, if an insurer refuses to defend an insured, then an insured may … Read More

    Categories: Insurance Litigation, Blog

  • Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case

    Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case

    City of Phoenix v. First State Ins Co., 2016 WL 4592906 (D. Ariz. Sept. 2, 2016)

    (Order), a coverage and bad faith case arising from an Insurer denying an Insured, the City of Phoenix, defense and indemnity from a personal injury claim resulting from asbestos exposure, the Arizona District Court held that the opinion of the Insured’s bad faith expert “will be excluded to the extent that it … Read More

    Categories: Insurance Litigation, Blog

  • Offers of Judgment in Arizona Bad Faith Cases

    Offers of Judgment in Arizona Bad Faith Cases

    In Stafford v. Burns, --- P.3d ---, 2017 WL 164310 (Ariz.App. January 17, 2017), a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline[d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).”

    Rule 68

    In Arizona, … Read More

    Categories: Insurance Litigation, Blog

  • Arizona Bad Faith Insurance Update

    Arizona Bad Faith Insurance Update

    In Romero v. Mendota Ins. Co., 2016 WL 6775950 (D. Ariz. Nov. 16, 2016), the Arizona District Court granted a Motion to Remand a breach of contract and insurance bad faith case arising from UIM claims-despite the Insureds certifying the case was worth more than the $50,000 compulsory arbitration limit and seeking punitive damages-because the Insurer did not prove the amount in controversy "more likely than … Read More

    Categories: Insurance Litigation, Blog

  • Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

    Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

    Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving, nervousness of having a salesperson in the passenger seat, and the distraction that comes with evaluating the car and not the road, and the potential for accidents often … Read More

    Categories: Business & Corporate, Insurance Litigation, Article