- Wrongful DeathWayne C. Arnett has been practicing law since 1975 and possesses extensive experience in suing insurance companies for mistreating their insureds. Wayne has focused his career on cases involving insurance bad faith. He is certified by the Arizona Board of Legal Specialization as a Specialist in Injury and Wrongful Death Litigation, demonstrating integrity, professionalism, and a high degree of competence in the field, as well as receiving favorable reviews from attorneys, judges, and other professionals. Less than 5% of Arizona attorneys are Board Certified.
- FraudAnnuitant who was promised a back-up annuity was entitled to immediate expectation damages as measured by cost of replacement annuity policy and could bring a tort action against insurer for bad faith, but not common law or statutory consumer fraud. Insurer's failure to procure back-up annuity as promised did not constitute unfair or deceptive act or practice in business of insurance.
- Theft
- ArsonInnocent co-insured is not bar from recovery under fire policy even if another insured committed fraud or arson. There is a factual issue remaining for the trail court to determine whether the insured in this case was innocent. Further, one-year limitations provision in the insurance policy was unenforceable since the insurer failed to show prejudice from the insureds' delay in filing suit.
- ExtortionExtortion through ransomware and spyware that make it past any cyber security protections or malware are also a serious concern. A business could end up paying thousands of dollars or more just to get the use of their data restored.
- Hit and RunUninsured and underinsured motorist coverage (UM/UIM). UM and UIM coverages are optional in the state of Arizona and provide protection in the event of an accident involving an uninsured or underinsured motorist or a motorist whose identity is unknown (hit and run).
- Trade Secrets
- Workers CompensationA.R.S. §23-930 which provides that the Industrial Commission has exclusive jurisdiction as prescribed in "this section" over complaints involving alleged unfair claim processing practices or bad faith by workers' compensation carriers does not prevent common-law actions for bad faith against compensation carriers. This case overruled, Hays v. Continental Ins. Co., 172 Ariz. 573, 838 P.2d 1334 (Ct. App. 1992), which held the opposite.
- Sexual Harassment
- Construction LitigationOur experience has taught us that construction claims can take numerous forms. Here are some common ones that we often encounter...
- Landlord-Tenant DisputesCompensatory damages in a suit by tenant and against the landlord can include recovery for mental suffering, anguish, discomfort or annoyance caused by the landlord’s failure to maintain the leased property as required by the Landlord Tenant Act (A.R.S. § 33-1301 et seq.) Mark Arnett was one of the attorneys that handled the appeal for the landlord.
- Property DamageCommercial general liability (CGL) insurance covers your business for claims and legal expenses if someone other than an employee is injured on your premises, if a third party suffers property damage because of services or products you provided them, or is harmed by your advertising.
- Personal InjuryIn addition to handling claims of insurance bad faith, our lawyers also represent plaintiffs in negligence cases involving serious or catastrophic personal injury, and can help you obtain a recovery against recalcitrant negligent defendants or their insurance companies.
- Social Security DisabilityArizona no longer provides a supplement to any Social Security Disability Income (SSDI) you qualify for. Everything will come from the federal treasury, and of those who apply, fewer than one-third qualify upon their first attempt in Arizona.