Blog Posts: Insurance

PHOENIX, Ariz. (April 12, 2019) - The law firm of Jaburg Wilk announced that K. Michelle Ronan joined the firm as an attorney in their bad faith litigation, insurance coverage, and construction defect litigation groups.  Before joining Jaburg Wilk, Michelle represented clients in insurance defense and bad faith litigation.  “I’m very excited that Michell...

Micalann Pepe of Jaburg Wilk will present at the American Bar Association TIPS Insurance Coverage Litigation Committee Mid-Year CLE Conference.   What: Pre-Suit: What are the Policyholder's and Insurer's Duties Pre-Suit, Including the Duty to Defend?  Speaker: Micalann Pepe  Where: Arizona Biltmore, 2400 E Missouri Ave. Phoenix, AZ 85016 When: February ...

The Holding In Centeno v. American Liberty Ins. Co., 2019 WL 568926 (D. Ariz. Feb. 12, 2019) (Order), an insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to dismiss bad faith and aiding and abetting claims against a Third-Party Administrator (“TPA”) and its Adjuster. The Tak...

The Holding In Doneson v. Farmers Ins. Exch., 2018 WL 4781382 (Ariz.App. Oct. 3, 2018), an insurance bad faith case, the Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation benefits are required,” despite the Insured’s reimbursement of the workers’ compensation insurer. The Takeaways...

The Holding In Fisher v. USAA Casualty Insurance Company, 2018 WL 3804114 (Ariz. App. Aug. 7, 2018), a case arising from an underinsured motorist (“UIM”) arbitration, the Arizona Court of Appeals affirmed the trial court’s refusal to vacate an arbitration award because of an arbitrator’s alleged partiality. The Insureds knew about the A...

The Holding In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss claim/rights under a homeowners policy to a water damage mitigation and remediation contractor. The TakeawaysArizona insureds may validly as...

The Holding In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for negligent excavation against the Insured, an alleged builder-vendor, because the claim arose from the Insured’s alleged breach of a common law d...

The Holding In Cincinnati Indem. Co. v. Southwestern Line Constructors Joint Apprenticeship and Training Program, et al, 2018 WL 2330627 (May 31, 2018), the Arizona Court of Appeals upheld summary judgment granted to an insurer because, under the Policy’s definition of “occurrence” as an “accident,” a single event caused by severa...

This webinar begins by identifying and defining construction defects, examining applicable laws and significant court rulings. It then looks at indemnity provisions and coverage issues in construction defect claims. The webinar breaks down litigation and discusses allegations, defenses and how to prove your case. Ethical issues surrounding these kinds of cases ar...

The Holding In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did not apply to the “Affiliated Insurers”—GEICO Casualty Company and GEICO Indemnity Company. The Takeaway If ...