Blog Posts: Insurance

In State Farm Mutual Auto Ins. Co. v. Frank, 2024 WL 1202982 (Ariz.App. March 21, 2024), the Arizona Court of Appeals confirmed the District Court of Arizona’s recent interpretation of the statute of limitations for UM/UIM claims, ARS § 12-555, and rejected two novel insured arguments.  The TakeawaysAn insurer does not toll a UM/UIM claimant's three...

The Amendment Arizona recently amended ARS § 33-931 so that medical payment (“MedPay”) benefits are no longer subject to health care provider liens for treatment rendered to injured persons.  Why It Matters  ARS § 33-931 previously stated healthcare provider liens do not apply to Uninsured Motorist and Underinsured Motorist benefits (only). The ...

The Holding In Swift Trans. Co. of Az., LLC. v. Carman in and for County of Yavapai, --- Ariz. ---, 515 P.3d 685 (Aug. 23, 2022), a bodily injury and wrongful death case arising from a tractor-trailer accident, the Arizona Supreme Court recently held, “to be entitled to punitive damages in a negligence action, a plaintiff must generally show that the defendant...

Is an insured legally entitled to recover the incurred amount of medical expenses or a reasonable amount of medical expenses? This issue often arises in first-party bad faith cases arising from uninsured motorist (“UM”) and underinsured motorist (“UIM”) claims because many Insuring Agreements in UM and UIM coverages state: the insurer “will pay compe...

PHOENIX, Ariz. (Mar. 17, 2021) - The law firm of Jaburg Wilk announced that Lisa I. Streu joined the firm as an attorney in its construction defect litigation group. Before joining Jaburg Wilk, Lisa represented clients in insurance defense, construction law, commercial litigation and construction defect litigation at other Phoenix law firms. "I’m very excite...

The Holding In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses caused by the COVID-19 Pandemic and incurred by Minor League Baseball teams. The Takeaways In the first Arizona opinion regarding insuran...

The Holding In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113 (D. Ariz. Apr. 28, 2020), a putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District Court held the phrase “reasonable expenses incurred for necessary medical services’ are those expenses which the healthcare provider accepts as...

PHOENIX, Ariz. (November 22, 2019) - - The law firm of Jaburg Wilk announced that Echo A. Reynolds joined the firm as a partner in their bad faith litigation, insurance coverage, and commercial litigation groups. Before joining Jaburg Wilk, Echo represented clients at another Arizona law firm in insurance coverage, insurance defense, bad faith litigation, and busin...

Video Transcript: Hi, my name is Nate Meyer, I'm a partner at Jaburg Wilk. My primary practice areas are insurance coverage in bad faith, commercial litigation, and professional liability. Appraisal of First Party Property Claims in Arizona - Part 2: Is an Insurer's selection of an Appraiser important? Absolutely. An insurer's selection of appraiser is critical fo...

The Holding In Dignity Health v. Farmers Ins. Co. of Ariz., 1 CA-CV-18-0292, 2019 WL1499855 (Ariz. App. June 11, 2019), the Arizona Court of Appeals recently held MedPay benefits are subject to health care provider liens because MedPay coverage does not qualify as “health Insurance” exempt from medical provider liens under A.R.S. § 33-931. The Take...