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
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?
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
Similar to other states, Arizona has adopted unfair claims settlement practices statutes and regulations. While one cannot a bring a private cause of action under the Unfair Claim Settlement Practices Act1 and its companion regulations, they lay out specific standards for insurers to promptly investigate and process claims.
Continue Reading Arizona Claims Handling Guidelines at a Glance
Once an insurance carrier has paid its insured for a covered loss, the insurance carrier is “subrogated” to the insureds claim against the third party primarily liable for loss. The insurance carrier is then entitled to bring an action against the third party whose tortious or wrongful conduct caused the loss.1 Essentially, the insurance carrier “stands in the shoes of the insured” taking on the insured rights and remedies against the third party liable for the loss, but subjects itself to the defenses the third party could assert against the insured.2
Continue Reading Applicability of the Made Whole Doctrine in Arizona Property Insurance Subrogation Suits