Practice Areas

Automobile Liability Litigation

A portion of the law firm’s work — as well as its principals’ trial experience — has involved general tort litigation, including personal injury defense in cases arising out of automobile accidents and premises liability matters. The automobile defense work has covered the spectrum from soft tissue injuries to catastrophic injury and wrongful death cases. The firm also has specific trial experience defending cases only on damages. These cases have ranged from wrongful death to multi-million dollar jury demands by plaintiffs. The firm has also been involved in the investigation and defense of fraudulent insurance claims.

In addition to the defense of insureds for several leading international insurance companies, the firm has directly represented numerous manufacturers, dealers, trucking companies, national automobile and trucking rental companies, and other transportation and corporate clients. The firm also has represented many landlords, commercial and residential property owners, shopping malls, REITS, and other real property owners in all types of property and premises liability litigation.



Posts about Automobile Liability Litigation

Sharing Economy Avoids Potentially Damaging Precedent With Uber Settlement

Date: June 16, 2016

The emerging “Sharing Economy” is driven by a cheap and flexible workforce, which allows startups and established businesses alike to avoid considerable operating costs and tax obligations associated with employees. This is all made possible by the independent contractor model. Whether an individual is considered an independent contractor or an employee is of great consequence to the Sharing Economy, as labor laws confer many protections on employees, while independent contractors receive minimal protection. The issue is also of great consequence for purposes of vicarious liability.

read more →

Does Uninsured Motorist Coverage Encourage Assault?

Date: April 18, 2016

When the injured party asserts a UCM claim, his insurance carrier is allowed to assert any defenses that would have otherwise been available to the tortfeasor. But, what happens when the tortfeasor injures the policyholder on purpose?

read more →

Funding Settlements Involving a Minor’s Claim Without Court Approval Can Be Risky

Date: April 18, 2016

You have just settled a personal injury action involving two plaintiffs, a mother and her minor child. The mother executes the settlement agreement, and plaintiffs’ counsel agrees to seek a court order approving settlement of the minor’s claim. However, counsel demands you immediately issue a check for the mother’s claim. It is a common request, particularly in cases where the minor’s injuries are relatively insignificant in comparison to the parents. Indeed, insurers frequently issue checks before the order approving the minor’s settlement is entered. But should you do it?

read more →

Insurers Need Not Offer or Provide UM/UIM Coverage to Owners or Operators of Commercial Vehicles, Even in Conjunction with a Personal Auto Policy

Date: November 24, 2015

Under Arizona’s UM/UIM statute, insurers writing automobile liability or motor vehicle liability policies must make available and offer uninsured and underinsured motorist coverage in limits not less than the liability limits for bodily injury or death contained within the policy. A.R.S. § 20-259.01(A-B). Use of the word “shall” in the statute makes availability and offering of such coverage mandatory.

read more →

21st Century Insurance Company v. Superior Court

Date: October 2, 2015

In 21st Century Insurance Company v. Superior Court (Tapia), 2015 WL 5285822, a California appeals court confirmed an insurance company defending its insured cannot be bound by a pre-trial stipulated judgment entered into by its insured without the insurer’s consent. Facts The insured, a teenager living with his aunt and grandmother, was sued by heirs […]

read more →

Arizona Case Law Update

Date: April 28, 2015

EMPLOYMENT LAW EE v. M&H, WAL-MART, Arizona Court of Appeals, Division One, decided 4/21/2015 Facts:Plaintiff was employed by Able Body Labor who supplied workers for a general contractor, M&H Enterprises, Inc, who was doing construction at a Sam’s Club, which is owned by Walmart. Plaintiff was injured on the job, successfully pursued a workers compensation […]

read more →

Arizona UM/UIM Updates

Date: April 28, 2015

The Arizona appellate courts recently published several opinions in the area of UM/UIM coverage applicable to insurance companies and agents. Requirement of a Written Offer The Arizona Supreme Court recently issued an opinion on the recurring issue of whether the insurer is required to provide the premium amounts for UM and UIM coverage when making […]

read more →

California Juries to Play Crucial Role in Determining Future of Ride-Sharing Industry

Date: April 7, 2015

As is the case with most start-up enterprises, regulatory and legal questions currently facing the ride-sharing industry present serious challenges to sustainability. In the past, we have reported on the regulatory evolution of Transportation Network Companies (“TNCs”) in California. TNCs, such as Uber, Lyft and Sidecar, provide smartphone applications that connect people who need rides […]

read more →

Defending Against Phantom “Hit and Run” UM Claims

Date: March 3, 2015

One fairly common scenario for uninsured motorist (“UM”) claims involves a report of a phantom “hit and run” vehicle. In defending against the phantom “hit and run” UM claims, it is important for insurance carriers to verify three threshold requirements.

read more →