Arizona Bad Faith Blawg
For more than 20 years, we have assisted insurance companies and defended their policyholders and self-insured companies. We have experience with suspicious claims, complicated and unique coverage issues and wrongful death claims. Their expertise extends to agreements unique to Arizona known as “Damron Agreements,” “Morris Agreements” and “Helme Agreements” as well as guardianship and conservatorship issues.
Latest Blawg Posts
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...
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...
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...
An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured
Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s unreasonable investigation can be the...
Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams
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...
Arizona District Court Holds “Reasonable” Medical Expenses Are Amounts Accepted by Providers as Payment in Full Rather Than Billed Amounts
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...
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