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Arizona Reverses Award of Punitive Damages in Bad Faith Case Again
The Holding In Preciado v. Young America Insurance Company, 2017 WL 2805631 (Ariz.App. June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for judgment as a matter of law on a...
Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege
The Holding In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice plaintiff did not impliedly waive the...
Arizona District Court: Insurer Expert’s Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case
The Takeaways · Bad faith defense counsel should caution their bad faith experts not to speculate that an insurer’s claim decisions were based on advice of counsel. · ...
Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad Faith”
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...
Arizona District Court Holds Insurer That Never Conceded Coverage, But Offered Policy Limits, is Not Liable as a Matter of Law for Excess Judgment
In GEICO Indem. Co. v. Smith, 2016 WL 5791532 (D. Ariz. Oct. 4, 2016) (Arizona and Pacific Reporter citations not yet available), the Arizona District Court held that an Insurer who offers its policy limits as a business consideration, but never concedes...
Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor
In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment in favor of an Additional Insured General...