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from our blog
February 10, 2021
Seatback Failures
Front occupant seatbacks play a vital safety role in rear-end crashes, similar to the purpose of airbags and seatbelts in frontal impacts. In a rear impact, a front seat should be designed to absorb energy and contain the occupant in the front seating space. Weak, defective front seats can fail, collapse and cause front occupants […]
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Shane Harward
Find us on FacebookArizona Court of Appeals Gives Guidance on Negligent Misrepresentation and Insurance Consumer Fraud
In the case of Larkey v. Health Net Life Insur. Co., (June 2012) the insured, Alan Larkey, had a policy with Blue Cross Blue Shield for personal health insurance. However, Larkey decided that he wanted to switch providers to get a lower deductible without compromising his coverage. Larkey had a family member research health insurance […]
Federal Court Says Bad Faith Insurance Denial Can be Brought Against Insurance Adjuster
A recent federal district court case tackled the issue of whether an Arizona insurance adjuster may be personally sued for bad faith insurance claim denial. The case started on March 4, 2011 when Frank Gambrell collided with another vehicle on an Arizona freeway. Gambrell sustained serious injuries in the accident; his medical expenses totaled more […]
Negligence Claims Against Insurance Agents Are Assignable in Arizona
Since 2008 professional negligence claims against insurance agents have been assignable to others in Arizona. In Webb v. Gittlen, 174 P.3d 275 (2008) the Arizona Supreme Court overturned the longstanding principal that professional negligence lawsuits cannot be assigned to others. In the Gittlen case, liquor store owners purchased liability insurance from a Hartford Casualty Insurance […]
Duty to Indemnify for Economic Losses in Commerical Insurance
Commercial General Liability or General Commercial Liability (“CGL” or “GCL” respectively) insurance is designed to protect businesses from a wide range of risks that could potentially threaten a company’s survival. One common area of dispute between insurers and insurance consumers in these kinds of agreements is whether purely economic risks are covered. In Desert Mountain Properties Limited […]
Homeowner’s Insurance Appraisal Process
The term “appraisal” as defined in a homeowner’s insurance policy has an entirely different meaning than the one more commonly used in every day language. Normally when we hear the term appraisal, we think of a real estate appraisal that is used to determine the value of a home. However, in a homeowner’s insurance policy, […]
Ninth Circuit Allows Securities Claim in Insurance Bad Faith Lawsuit
Earlier this year the Ninth Circuit held that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) does not preclude state class actions alleging breach of contract and insurance bad faith . Freeman Investments, LP v. Pacific Life Insurance Co., No. 09-55513, 2013 WL 11884 (9th Cir. Jan 2, 2013). In Freeman the Plaintiffs purchased variable universal life insurance […]
State Farm v. Campbell Should Be Revisited – Punitive Damages in Insurance Bad Faith Claims
Punitive damages are monetary awards given to plaintiffs in addition to special and general damages. Punitive damages are designed to punish insurers and other defendants for bad conduct or to deter the defendant and others from similar misconduct in the future. Compensatory damages on the other hand are designed only to pay for the actual harm […]
Arizona Allows Accident Victims to Claim Liability and UIM coverage from Two Separate Policies Although With Same Insurance Company
Arizona law requires all insurers who provide motor vehicle liability coverage to also offer Uninsured (UM) and Underinsured Motorist Insurance (UIM) in the same amount as that provided by liability coverage. UIM coverage provides protection for automobile collisions and accidents in which the offending motorist does not carry enough coverage to pay the damages incurred by the […]
Long Term Care Insurance Bad Faith
The insurance industry is facing an impending crunch as baby boomers get to the age where long term medical care in specialized facilities becomes increasingly necessary. Insurers commonly offer long term care insurance to help fill gaps in regular primary care health insurance. However, claims for long term care insurance can be denied for a […]
Legal Remedies for Dealing with Insurance Misrepresentation
Although rare, sometimes insurance agents mislead consumers into thinking that their insurance covers more than it actually does. Insurers do this hoping that the insured will never have to make a claim. However, when the insured tries to make a claim on the insurance that they were fraudulently induced to buy, the insurer will often refuse full […]
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The Arizona personal injury, accident, and insurance bad faith dispute lawyers at the Law Offices of Shane L. Harward PLC represent insurance, personal injury and accident victims throughout the state of Arizona (AZ) including, but not limited to, Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, Gilbert, Sun West, Sun City, Tucson, Flagstaff, Kingman, Bullhead City, Yuma, Lake Havasu, Fountain Hills, Anthem, Ahwatukee, Carefree, Cave Creek, Gold Canyon, Bisbee, Sierra Vista, Cochise, Paradise Valley, East Valley, Maricopa, Pima, Pinal, Gila, White Mountain, Heber, Payson, Prescott, Forest Lakes, Apache Junction, Avondale, Queen Creek, Benson, Black Canyon City, New River, Buckeye, Casa Grande, Coolidge, Cottonwood, Douglas, Florence, Gila Bend, Goodyear, Greer, Glendale, Lakeside, Guadalupe, Holbrook, Huachuca City, Oro Valley, Overgaard, Avra Valley, Parker, Peoria, Pinetop, Pine, Prescott Valley, Quartzite, Strawberry, Safford, Show Low, Sun City West, Sun Lakes, Superior, Surprise, Snowflake, Tombstone, Wickenburg, Winslow, Wilcox, Williams, Young, Youngtown, and surrounding areas.