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 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...
What Happens If a Litigant Beats Multiple Offers of Judgment in Arizona?
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...
Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases
Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips: An Insurer should consider whether to defend a bad faith claim solely on...
Arizona Court of Appeals Notes “Good Reasons to Suspect Arson”? and Disregards Insured’s Expert Affidavit in Bad Faith Case
Epperson v. AAA Fire & CAs. Ins Co., WL 406144 (Ariz.App January 31, 2017) Memorandum Decision, an insurance bad faith case arising from a fire claim, the Arizona Court of Appeals affirmed the trial court’s grant of summary judgment to an Insurer, despite the...
Illusion of Insurance Coverage
Many contracts or leases require one party to get insurance protection for the other party or landlord. Typically, they simply pass along the request for the insurance coverage to their insurance agent or broker and assume that their insurance will be updated to...
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