Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege
In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice plaintiff did not impliedly waive the attorney-client privilege regarding communications with subsequent counsel, simply because the defendant alleged plaintiffs’ contributory negligence and … Read More
Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case
Bad faith defense counsel should caution their bad faith experts not to speculate that an insurer’s claim decisions were based on advice of counsel.
The Huntoncase continues the trend of Arizona federal courts finding an implied waiver of the attorney-client privilege in bad faith cases more often than Arizona state courts.
In Huntonv. American Zurich Ins. Co.,2017 … Read More
Bad Faith and Insurance Coverage Seminar
Nate Meyer Featured Speaker on Bad Faith & Insurance Coverage
Nate Meyer is a featured speaker at an upcoming seminar, "Auto Injury Litigation - From Start to Finish". Nate will address "Insurance Coverage Research & Negotiations with Claims Personnel" and "Bad Faith".
What: The seminar will cover the lifecycle of an auto injury case from case intake to arbitration or litigation. … Read More
Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor
In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment in favor of an Additional Insured General Contractor and found the “subcontractor exception” to the “your work” exclusion did not apply to the Additional Insured. … Read More
Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”
In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court of Appeals reversed a $1 million award of punitive damages. In so holding, the Court of Appeals continued Arizona’s trend of reducing or reversing punitive … Read More
Arizona Court of Appeals Holds Injury That Occurred Shortly After Plaintiff Exited a Vehicle Did Not Arise Out of the Use of an Auto
United Financial Casualty Co. v. Associated Indem. Corp., 2016 WL 6518491 (Ariz. App. November 3, 2016)
The Arizona Court of Appeals (Memorandum Decision), held that a plaintiff’s injury, which occurred approximately one minute after she exited an insured automobile and after she walked approximately ten feet:
did not fall within commercial automobile liability coverage for “bodily … Read More
Arizona District Court Holds Insurer That Never Conceded Coverage, but Offered Policy Limits, is Not Liable as a Matter of Law for Excess Judgment
GEICO Indem. Co. v. Smith, 2016 WL 5791532 (D. Ariz. Oct. 4, 2016)
The Arizona District Court (Arizona and Pacific Reporter citations not yet available), held that an Insurer who offers its policy limits as a business consideration, but never concedes coverage, is not liable as a matter of law for an excess judgment against its Insured.
In Smith, an Insurer twice denied coverage for a claim, … Read More
Arizona Court of Appeals Confirms No "Good Faith" Requirement for Offers of Judgment
Stafford v. Burns, ---P.3d---,2017 WL 164310 (Ariz.App. January 17, 2017)
This is 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).”
In Arizona, a Rule 68 Offer of … Read More
What Happens If a Litigant Beats Multiple Offers of Judgment in Arizona?
In Orosco v. Maricopa County Special Health Care District, (2017 WL 469690) (Ariz. App. February 2, 2017), a medical malpractice case in which the jury’s $4.25 million verdict exceeded two offers of judgment made by plaintiffs, the Arizona Court of Appeals held “a subsequent offer of judgment does not extinguish the effect of an offeree’s failure to accept a prior offer when the judgment is … Read More
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.
An Insurer should avoid, if possible, asserting its actions were subjectively reasonable based on its adjuster& … Read More