Our firm is battling State Auto in a commercial first-party property insurance claim in Arizona. As a result, we have been researching deeply into the nuances of Arizona bad faith law in preparation for the upcoming trial. I thought we should give an update on the basics of Arizona first-party common law bad faith.
Continue Reading Arizona First-Party Common Law Bad Faith
The Rocky Mountain Association of Public Insurance Adjusters (RMAPIA) had a great meeting with a candid and positive discussion of current insurance issues being faced by the Colorado Division of Insurance. The photo above is Merlin Law Group attorney Larry Bache asking Insurance Commissioner Michael Conway.1
Continue Reading What is the Appraisal Process in Arizona?
While many Arizonans welcome monsoons bringing relief from the summer heat, these summer thunderstorms threaten severe damage to property in its path.
Continue Reading Arizona Monsoon Season Thundering Across Grand Canyon State
(Note: This guest blog is by Liberty Ritchie, a Licensed Legal Intern in our Oklahoma City office)
The Arizona Department of Insurance (ADI) “helps insurance consumers resolve disputes that are within the Department’s jurisdiction, and…investigate apparent violations of Arizona law.”1 Specifically, the Investigations Division of the ADI investigates consumer complaints of wrongdoing by insurance companies, agencies, and agents, and the Market Oversight Division more broadly examines companies’ marketing and claim settlement practices. If you think that your claim has been delayed, unfairly denied, or otherwise poorly handled, you can file a complaint with the ADI requesting an investigation.
Continue Reading How to File a Complaint with the Arizona Department of Insurance
Throughout my years at Merlin Law Group, I have noticed a troubling pattern with insurance carriers: denying claims based on confusing and ambiguous policy language. Perhaps you are challenging a continuous seepage or leakage exclusion or a protective safeguard requirement on your collectibles. It is unlikely the policy defines “seepage” “leakage” or what qualifies as a protective safeguard. However, the Arizona courts and Legislature have brought some clarity to interpreting these unclear provisions.
Continue Reading Clearing Things Up: Interpreting Ambiguities in Arizona Policies
Arizona has a strong interest in ensuring its residents are made whole for injuries sustained while in Arizona. Bryant v. Silverman, 146 Ariz. 41, 47, 703 P.2d 1190, 1196 (1985). Toward that end, it allows for injured plaintiffs to recover all damages caused by a tortfeasor, including economic and emotional damages. Rawlings v. Apodaca, 151 Ariz. 149, 161, 726 P.2d 565, 577 (1986).
Continue Reading Is Expert Testimony Required For a Jury To Award Emotional and Mental Distress Damages In Arizona?
Existing Arizona law allows recovery of emotional distress and mental anguish damages in cases of property damage. The Arizona Court of Appeals has already ruled in at least two different cases that when a person sustains loss to property, that person may recover emotional distress damages even if the tortfeasor did not intentionally cause the distress, and even though the distress is not severe. Farr v. Transamerica Occidental Life Ins. Co., 145 Ariz. 1, 7, 699 P.2d 376, 382 (App. 1984).
Continue Reading Recovering Emotional and Mental Distress Damages Caused By Property Loss In Arizona
When the policyholder and insurance company disagree concerning the amount of a loss, the policyholder may submit a written demand for appraisal pursuant to the terms of their insurance policy.
Continue Reading Insurance Appraisals in Arizona
Similar to other states, Arizona legislation and case law creates perimeters around Notice of Loss and Proof of Loss requirements by insurance companies.
Continue Reading Notice of Loss and Proof of Loss Laws in Arizona
Public adjusters play a critical role in claims adjudication process and can often serve as the policyholder’s ally in getting claims disputes resolved prior to litigation. The Arizona Revised Statutes define “Adjuster” as any person who for compensation, fee or commission either:
Continue Reading Defining the Role and Requirements of Public Adjusters in Arizona