Law Blog

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016),[1] despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona Court of Appeals reversed a $1 million award of punitive damages.  In so holding, the Court of Appeals continued Arizona’s trend of...

United Financial Casualty Co. v. Associated Indem. Corp., 2016 WL 6518491 (Ariz. App. November 3, 2016) The Arizona Court of Appeals (Memorandum Decision), held that a plaintiff’s injury, which occurred approximately one minute after she exited an insured automobile and after she walked approximately ten feet:  did not fall within commercial autom...

GEICO Indem. Co. v. Smith, 2016 WL 5791532 (D. Ariz. Oct. 4, 2016) The Arizona District Court (Arizona and Pacific Reporter citations not yet available), held that an Insurer who offers its policy limits as a business consideration, but never concedes coverage, is not liable as a matter of law for an excess judgment against its Insured. In Smith,&nb...

Stafford v. Burns, ---P.3d---,2017 WL 164310 (Ariz.App. January 17, 2017) This is a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline [d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).&r...

Because Arizona cases touching on this issue are copious, confusing, and complex, we note the following guidelines—though sometimes conflicting—have emerged from Lee and its progeny and will assist an Insurer’s analysis of whether a court will find an implied waiver of the Privilege: 1.    The mental state of an Insurer must be an issue to impliedly...

Communication is a singular important matter in all contacts between people. But it does not always happen in a way leading to understanding on the same level between the participants in the conversation. This is highlighted by a quote that I like:  The single biggest problem in communication is the illusion that it has taken place - George Bernard Shaw Do the p...

In Orosco v. Maricopa County Special Health Care District, (2017 WL 469690) (Ariz. App. February 2, 2017), a medical malpractice case in which the jury’s $4.25 million verdict exceeded two offers of judgment made by plaintiffs, the Arizona Court of Appeals held “a subsequent offer of judgment does not extinguish the effect of an offeree’s fa...

Life is long. You will work for a long time. There is no winning instantly. Success takes time. What you do each day matters for your future. The big picture makes living for today essential, which means having a plan and working it. By doing so you really are playing for the future, and for your first taste of, or your continuing, success. The person you do a fav...

Everywhere I look these days people are arguing. At least it feels that way. About politics.  About the environment. About issues big and small. I have written before about how important it is to be an active listener. When I listen I hear a lot of people simply parroting what others say without any independent thought. Or worse, they are speaking a...

On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC).   The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify various aspects of Arizona law regarding modification of child support in...