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Law Blog

Kathi M. Sandweiss
August 12, 2014
How Might an Amicus Curiae Brief Assist my Organization and its Members? When you think about it, an amicus brief - "friend of the court" is a quite agreeable concept.  As a non-party to the case, with no direct interest in the outcome, you can explain to the court - as a friend, not a litigant - why its ultimate decision has larger ramifications.  Last March, 21...
David Allen
July 16, 2014
During the real estate "boom" years, the only time that the word "workout" ever entered the mind of real estate developers and investors, was when they were deciding which posh health club to join, at which they could spend some of the wealth they were accumulating through the rampant escalation of prices of real estate. Now that the real estate market is well into...
Jaburg Wilk
July 16, 2014
Arizona's restaurant scene is buzzing these days with last Friday's  season finale of "Kitchen Nightmares".  Just Google "Amy's Baking Company" and a proliferation of stories about the featured business appears, including a massive social media backlash against the restaurant.  Users of Yelp, Reddit, and Facebook, among others, have taken to the Internet to disc...
Jaburg Wilk
July 16, 2014
Recently, the United States Supreme Court heard argument on the case of United States v. Jones.  At issue is the legality of the Washington, D.C. police surreptitiously - and without a warrant - placing a GPS tracking device on a suspect's car, and then using information taken from the GPS to convict him of drug trafficking.  Nearly all of the judges...
Jaburg Wilk
July 14, 2014
If the Beaver owned a classic 1959 Ford Fairlane, he would not have been insured for UIM benefits under the Cleaver family auto policy.  In Beaver v. American Family Mutual Insurance Company, 234 Ariz. 584, 324 P.3d 870 (App. May 20, 2014),the Arizona Court of Appeals recently held that a policy's definition of an insured is valid under Arizona's Underinsured Mo...
Nathan D. Meyer
July 14, 2014
In Newman v. Cornerstone National Insurance Company, 2014 WL 1257129 (Ariz.App. Mar. 27, 2014), the Arizona Court of Appeals held that a valid offer of underinsured motorist ("UIM") coverage need not include premium prices after it reached the exact opposite conclusion in Melendez v. Hallmark Insurance Company[1] only nine months earlier.   The Election Form In...
Nathan D. Meyer
July 14, 2014
The test for first-party bad faith in Arizona case law is whether, during the "investigation, evaluation, and processing of the claim, the insurer acted unreasonably and either knew or was conscious of the fact that its conduct was unreasonable."[1] What does this vague definition of first-party bad faith actually mean in an insurer's everyday business of adjusting...
Nathan D. Meyer
July 10, 2014
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 s...
Nathan D. Meyer
July 10, 2014
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 t...
Nathan D. Meyer
July 10, 2014
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...