APPELLATEHIGHLIGHTS
015
January 15, 2015
Everest Indemnity Insurance Company
v. Rea
(Arizona Court of Appeals)
The majority held that bad-faith defendant insurance
company did not waive attorney-client privilege by
defending itself on subjective reasonableness grounds
following consultation with counsel. Dissenting Judge
Orozco opined that insurance company’s conduct was
enough to waive the privilege.
MORE INFORMATION:
http://www.jshfirm.com/contentadmin/files/Everest%20
Indemnity%20Insurance%20Company%20v.%20Rea.pdf
December 23, 2014
Abbott v. Banner Health Network
(Arizona Court of Appeals)
Hospital could not impose and enforce liens on funds
that patients obtained from third-party tortfeasors
because the liens were void under federal law; accord
and satisfaction agreements between the Hospital and
patients were also unenforceable on the same basis.
March 18, 2015
Newman v. Cornerstone National
Ins. Co.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Div1/2014/1%20CA%20CV%2013-0259.pdf
(Arizona Supreme Court)
The court held that A.R.S. § 20-259.01(B), which
requires motor vehicle insurers who write liability
policies to “make available” and “by written notice
offer” underinsured motorist coverage to their insureds,
does not require the notice to specify the cost of the
underinsured motorist coverage.
MORE INFORMATION:
http://www.azcourts.gov/Portals/0/OpinionFiles/
Supreme/2015/CV140121PR.pdf
January 15, 2015
December 02, 2014
McKee v. Peoria Unified School District
(Arizona Court of Appeals)
Judgment against school district in public records
case was reversed; District’s response to request was
“prompt” within the meaning of the public records
statute.
MORE INFORMATION:
http://www.jshfirm.com/contentadmin/files/McKee%20
v.%20Peoria%20Unified%20
School%20District.pdf
Desert Palm Surgical Group, PLC v. Petta
(Arizona Court of Appeals)
The court overturned a $12 million jury award for
defamation in favor of two doctor plaintiffs against
their former patient, stating that the verdict shocked the
court’s conscience and was so extreme as to suggest
passion, prejudice, mistake or a complete disregard of
the evidence.
MORE INFORMATION:
http://www.jshfirm.com/contentadmin/files/Desert%20
Palm%20Surgical%20Group,%20PLC%20v.%20Petta.pdf
ABOUT THE AUTHOR
JON BARNES
Jon Barnes clerked for Judge Orozco at the Arizona Court of
Appeals before joining the firm. He currently focuses his practice