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A New Mexico Federal Magistrate Judge ruled on June 25 that a spouse’s loss of consortium claim alleged “bodily injury” separate from that sustained by her husband, who had been killed by USAA’s insured in an auto accident. As a result, the policy’s $200,000 per accident limit—rather than the $100,000 per person limit—was applicable to the claims....

On April 5, Division One of the Arizona Court of Appeals decided an issue of first impression relating to whether an insurer’s medical payment benefits are subject to Arizona’s health care provider lien statute. They are. In summary, the Court stated, “The dispositive issue in this appeal is whether payments under optional medical payments coverage...

Christian Dichter & Sluga shareholder Gena Sluga (left) was one of six honorees at the ASU Barrett Honors College Distinguished Alumni Awards event on April 4. Gena graduated from Barrett in 1994 before earning her law degree at the Boalt Hall School of Law at the University of California, Berkeley.

A Nevada federal district judge ruled on March 31 that notice to an insured of his right to independent counsel, where a conflict of interest existed between him and his insurer, did not satisfy the insurer’s contractual duty to defend. Rather, the insurer was required to obtain from the insured an express waiver of independent...

The United States District Court for the District of Nevada certified the following question to the Nevada Supreme Court: ‘[w]hether, under Nevada law, the liability of an insurer that has breached its duty to defend, but has not acted in bad faith, is capped at the policy limit plus any costs incurred by the insured...

Today, the Arizona Court of Appeals vacated a $7,903,494.58 Dram Shop judgment against JAI Dining Services and remanded it for a new trial because the trial judge failed to give an appropriate jury instruction on causation. The plaintiff was rear-ended by a drunk driver and badly injured. Plaintiff sued the driver and JAI where he...

Congratulations to CDS shareholder Gena Sluga on her inclusion in the 2019 AZ Business Leaders feature as one of the Top 5 Insurance Lawyers in AZ. Ms. Sluga is the only female lawyer recognized in the Insurance Law category. The feature is published annually by Arizona Business Magazine and the 2019 leaders were selected from...

Christian, Dichter & Sluga attorney Gena Sluga obtained summary judgment in Arizona Federal District Court for an insurer facing a $1.5 million stipulated judgment in an insurance bad faith action. In Wilshire Insurance Company v. Yager , No. CV-16-00192-TUC-JAS, 2018 WL 5801537 (D. Ariz. Nov. 5, 2018), the auto insurer denied coverage for a car accident because, although the...

The “2018 Women in Law” section of the October 2018 Phoenix edition of Attorney at Law magazine features a spotlight on the Ladder Down program co-founded by CDS attorneys. The Ladder Down program was founded in 2012 and ran for four years in Phoenix with support from the Arizona Association of Defense Counsel. The year-long program is...

Yesterday, the Arizona Supreme Court issued a ruling clarifying the scope of the contractual liability exclusion in a homeowner’s policy. Teufel hired a contractor to build a home but ultimately decided not to live in it and sold it to Cetotor. After the sale, when rockslides damaged the property, Cetotor sued Teufel for breach of...