Jaburg Wilk

News/Publications

Insurance Litigation

  • Commercial General Liability Insurance

    Commercial General Liability Insurance

    A business benefits from adequate commercial general liability coverage, sometimes referred to as "CGL" insurance. Such a policy protects if someone is injured at the place of business. It also covers damage or injuries caused by company employees at a customer place of business or home. Typically, there are four basic categories of coverage in a CGL policy. These include: bodily injury; property damage; personal … Read More

    Categories: Insurance Litigation, Article

  • Younger Brother Entitled to Underinsured Motorist Coverage as Resident of Older Brother’s Household‏

    Younger Brother Entitled to Underinsured Motorist Coverage as Resident of Older Brother’s Household‏

    In Mendota Insurance Company v. Gallegos, 232 Ariz. 126, 302 P.3d 651, 657 (2013), the Arizona Court of Appeals recently held that a named insured's younger brother was a resident of his older brother's household and therefore entitled to underinsured motorist ("UIM") coverage despite the facts that Older Brother rented a room at friend's house and spent the majority of his time at his girlfriend's … Read More

    Categories: Insurance Litigation, Article

  • Continuing Bad Faith: Theory of Liability or Rule of Evidence?

    Continuing Bad Faith: Theory of Liability or Rule of Evidence?

    By: Douglas L. Christian and Nathan D. Meyer

    I. Introduction

    Not often does a concept's name obfuscate its meaning. "Continuing bad faith," however, is much more than its name implies. An insurer's duty of good faith is pervasive and its application to claim handling has matured into a formidable body of law. The duty is not intractable and is generally shaped by the circumstances of the claim. One circumstance … Read More

    Categories: Insurance Litigation, Article

  • Arizona Court of Appeals Upholds Damron Agreement & Declares Facts in Stipulated Judgments Bind Insurers for Purposes of Coverage

    Arizona Court of Appeals Upholds Damron Agreement & Declares Facts in Stipulated Judgments Bind Insurers for Purposes of Coverage

    The Arizona Court of Appeals recently upheld as valid and enforceable a Damron Agreement in which an insured and its excess insurer assigned their rights against a primary insurer.  In so holding, the Court of Appeals made the significant declaration that an insurer who refuses to defend is bound for purposes of coverage by any issues determined in a stipulated judgment that underlies a Damron … Read More

    Categories: Insurance Litigation, Article

  • Arizona Upholds $54 Million Reduction of Punitive Damages in Insurance Bad Faith Case

    Arizona Upholds $54 Million Reduction of Punitive Damages in Insurance Bad Faith Case

    The Arizona Court of Appeals recently upheld a trial court's reduction of a $55 million punitive damages award to only $620,000 and further reduced the punitive damages to $155,000-a 1:1 ratio to compensatory damages.

    The case, Nardelli v. Metro. Group Prop. & Cas. Ins. Co., --- Ariz. ---, 277 P.3d 789 (App. 2012) (Arizona Reporter citation not yet available), arose from the theft of a recently purchased … Read More

    Categories: Insurance Litigation, Article

  • Arizona Upholds Bad Faith Liability For An Insurer's Failure to Advise Policyholders of Pertinent Policy Provisions

    Arizona Upholds Bad Faith Liability For An Insurer's Failure to Advise Policyholders of Pertinent Policy Provisions

    The Arizona Court of Appeals recently held that the duty of good faith and fair dealing includes "some obligation" to inform a policyholder about the extent of coverage and rights under an insurance policy.

    The case, Nardelli v. Metro. Group Prop. & Cas. Ins. Co., --- Ariz. ---, 277 P.3d 789 (App. 2012) (Arizona Reporter citation not yet available), arose from the theft of a recently purchased … Read More

    Categories: Insurance Litigation, Article