Cases
Representative Cases: Continental Casualty Co. v. Platinum Training LLC, et al., --- F.Supp.3d ---, 2021 WL 3491948 (D.Ariz. 2021) ($17 million judgment fell outside coverage afforded by commercial general liability policies because the defendant did not qualify as an insured for the tortious conduct).
City of Phoenix v. First State Insurance Company, et al., 727 Fed.Appx. 296 (9th Cir. 2018) (insurance carrier owed no coverage for $1.9 million in defense expenses
indemnity payments on wrongful death suit because self-insured retention would not be construed as eroding by payment of defense expenses
indemnity payments did not exceed the SIR).
Geurden v. Quantum Transportation, et al., 298 F.Supp.3d 1222 (D.Ariz. 2018) (insurance carrier not bound by purported Damron Agreement for $25 million since the carrier did not actually breach the duty to defend
the anticipatory breach of policy obligations cannot be the predicate for a Damron Agreement).
Colony Insurance Company v. Estate of Lakeisha Anderson, 2016 WL 796983 (Ariz. App. 2016) (holding that $2.2 million judgment against insured group home for death of resident fell outside the coverage of claims-made-
-reported policy in effect at time of death because claim was not reported during the policy period, further, death fell outside the coverage of the second claims-made-
-reported policy given the retroactive date).
Nelson v. Navigator Insurance Company, 624 Fed.Appx. 599 (9th Cir. 2015) (holding that general liability insurer did not provide coverage for $4.2 million judgment on spoliation of evidence suit under CGL Policy
Excess Policy because spoliation of evidence is for economic loss, not bodily injury or property damage,
the Insured's subjective expectation of coverage for the suit did not rise to the level of objective reasonableness under the evidence presented).
Continental Casualty Company v. Evans, 2015 WL 11120680 (D.Ariz. 2015) (insurer not liable on jury verdict against the insured for over $500,000 because prior knowledge exclusion in claims made policy barred coverage).
Nat'l Fire Ins. Co. of Hartford, et al. v. Lewis, M.D., et al., 898 F.Supp.2d 1132 (D.Ariz. 2012) (holding that general liability insurer did not have a duty to indemnify insured medical practice in eight underlying lawsuits for vicarious liability
negligent hiring, supervision
retention of cardiologist to the extent that the cardiologist groped
fondled the breasts of his female patients because such conduct,
all derivative theories of liability arising from such conduct, fell within the professional services exclusion).
American Casualty Co. of Reading, Pennsylvania v. United National Ins. Co., 2012 WL 2415540 (Ariz. App. 2012) (holding that settlement by client-insurer could not be undone by proposed intervenor-insurer as proposed intervenor-insurer did not seek timely intervention
lacked sufficient interest to merit intervention as of right).
Nationwide Mutual Fire Ins. Co. v. Jones, 695 F.Supp.2d 978 (D.Ariz. 2010) (motor vehicle exclusion precluded coverage for ATV accident on public street).
Monterey Homes Arizona, Inc. v. Federated Mutual Insurance Company, 212 P.3d 43 (Ariz. App. 2009) (holding that insurer should have been allowed to intervene to assert subrogation claim for attorney
expert fees).
Tilley v. Delci, 220 Ariz. 233, 204 P.3d 1082 (App. 2009) (defendant motorist was entitled to summary judgment as plaintiff motorist failed to create genuine issue of material fact).
Webb v. Gittlen, 217 Ariz. 363, 174 P.3d 275 (2008) (insurance agent not bound by Damron agreement).
