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
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), 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...
Arizona Court of Appeals Confirms No “Good Faith”? Requirement for Offers of Judgment
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...
Guidelines to Assist an Insurer’s Analysis of Whether a Court Will Find an Implied Waiver of the Attorney Client Privilege in Arizona Bad Faith Cases
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...
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