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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...
Jaburg Wilk Wins Unanimous Defense Verdict for USAA
In November 2019, Jaburg Wilk Partners Nate Meyer, Tom Moring, and Micalann Pepe tried a two-week, breach of contract and insurance bad faith case to a jury in Graham County, Arizona, and won a unanimous defense verdict for USAA. The case arose from a homeowner’s...
Arizona Court of Appeals Holds MedPay Benefits Are Subject to Health Care Provider Liens
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...
Ninth Circuit Holds Removal Deadline Runs from Receipt of Complaint by Insurer Rather Than Insurer’s “Statutorily Designated” Agent
The Holding In Anderson v. State Farm Mutual Automobile Insurance Co., 917 F.3d 1126 (9th Cir. 2019) (Wash.), the Ninth Circuit Court of Appeals held that the thirty-day removal deadline under 28 U.S.C. § 1446(b)(1) does not commence upon service of a...
Arizona District Court Dismisses Bad Faith and Aiding & Abetting Claims Against TPA and Adjuster
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...
Arizona Court of Appeals Enforces Workers’ Comp Exclusion to MedPay Coverage
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...