Arizona

Danial v. Industrial Commission, et al.,  No. 1 CA-IC 17-0068 (January 15, 2019)

Factual Background

AAA Cab Services (“AAA”) is one of the three taxicab companies licensed to operate at Sky Harbor International Airport (“the Airport”) by the City of Phoenix.  Kardakh Danial was a taxi driver for AAA. In May 2016, Danial was injured while driving airport passengers in an AAA leased taxicab and he requested workers’ compensation benefits from AAA’s insurer. The insurer denied Danial’s request for benefits and Danial filed a claim with the Industrial Commission of Arizona.

Recently, the Arizona Court of Appeals issued several decisions of interest to insurance companies and those litigating in Arizona state court.

Industrial Commission of Arizona – Special Action

Aguirre v. The Industrial Commission of Arizona, et. al., No. 1 CA-IC 17-0017 (December 4, 2018)

Gilbert Aguirre, Jr. was a firefighter for the City of Goodyear. As part of his annual employment physical, he received a blood test which came back abnormal. Soon after, he was diagnosed with chronic myeloid leukemia. Aguirre filed a workers’ compensation claim which was denied by CopperPoint American Insurance Company (“CopperPoint”). Aguirre requested a hearing in front of the Administrative Law Judge (“ALJ”). Aguirre and two physicians testified at the hearing. Following the hearing, the parties filed simultaneous post-hearing memorandum. The ALJ stated he was more persuaded by CopperPoint’s memorandum and concluded Aguirre “failed to carry his burden of proving by a reasonable preponderance of the evidence that he sustained a work related injury on May 14, 2015.”  Aguirre appealed.

Anderson, et. al v. Esbacrosa, Inc., No. 2 CA-CV 2018-0057 (October 24, 2018) – Memorandum Decision

Kristopher and Angelique Anderson took their son, Cooper Anderson (collectively “Andersons”) to Colossal Cave Mountain Park (“Park”) operated by Escabrosa, Inc.. The reception area to the Park serves as the entrance for cave tours. A half wall separates the reception area from the open desert and a rock formation is located within the walls of the reception area. While visiting the park, Cooper Anderson was bitten by a juvenile rattlesnake hiding within the rock formation. The Andersons sued Escabrosa under a negligence cause of action for allowing on its property “an unreasonably dangerous condition that it knew of or should have known of: a juvenile rattlesnake.”

Recently, the Arizona Court of Appeals issued several decisions of interest to insurance companies and those litigating in Arizona state court.

“Relative Resident” Policy Interpretation

Allstate Vehicle and Property Ins. Co. v. Sela Maile, No. 1 CA0CV 17-0723 (Ariz. App. October 18, 2018) – Memorandum Decision

Allstate Vehicle and Property Insurance Company (“Allstate”) insured a home owned by Amelia Maile. The home caught fire on August 19, 2014. Amelia’s son, Benjamin, lived in the home with his wife, Sela, and their son, Sevod. Benjamin suffered severe injuries from the fire and died. In March 2016, Sela demanded coverage under the policy for claims relating to bodily injuries she suffered in the fire and for Benjamin’s wrongful death. Allstate filed a declaratory relief action alleging it had no duty to defend or indemnify either Amelia or Samisoni, Amelia’s son, against Sela’s claims. Neither Amelia nor Samisoni responded and the court entered default on August 30, 2016. Allstate then moved for summary judgment to preclude Sela from pursuing coverage under the policy. Allstate also asserted the policy did not provide coverage because Sela and Sevod were “resident relatives” of Amelia at the time of the fire.