Jaburg Wilk

Article: Risk Mitigation in Bad Faith Cases

How Insurers Shift the Risks of  Attorney Fees, Expert Fees, and Costs in Arizona Bad Faith Cases


In Arizona bad faith cases, an insurer is often exposed to an award of the policyholder/plaintiff’s attorney fees and costs—even if an insurer made a reasonable offer—because Arizona’s fee-shifting statute, ARS § 12-341.01, allows a court to award attorney fees to a successful party in any “action arising out of contract.”

In this article we cover:

  • Arizona’s fee-shifting statute
  • Risks of making offers of judgement
  • How to structure an offer to minimize the risk of getting stuck with the legal fees

Insurance law attorneys Nathan Meyer and Micalann Pepe share their techniques in this complimentary article for mitigating the risk of fees in Arizona Bad Faith cases.  

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About the Authors


Nathan D. Meyer
Partner

17 years of experience in bad faith litigation and insurance coverage handling all aspects of insurance-related litigation. He represents insurance companies, contractors, policy holders, global corporations, insurance adjusters, business owners, insurance agents and professionals

Micalann Pepe
Associate

Micalann C. Pepe primarily practices in the areas of insurance coverage and bad-faith litigation. Her diverse practice also includes commercial litigation and civil litigation.