JSH Reporter Summer 2015 - Page 15

APPELLATEHIGHLIGHTS 015 January 15, 2015 Everest Indemnity Insurance Company v. Rea (Arizona Court of Appeals) The majority held that bad-faith defendant insurance company did not waive attorney-client privilege by defending itself on subjective reasonableness grounds following consultation with counsel. Dissenting Judge Orozco opined that insurance company’s conduct was enough to waive the privilege. MORE INFORMATION: http://www.jshfirm.com/contentadmin/files/Everest%20 Indemnity%20Insurance%20Company%20v.%20Rea.pdf December 23, 2014 Abbott v. Banner Health Network (Arizona Court of Appeals) Hospital could not impose and enforce liens on funds that patients obtained from third-party tortfeasors because the liens were void under federal law; accord and satisfaction agreements between the Hospital and patients were also unenforceable on the same basis. March 18, 2015 Newman v. Cornerstone National Ins. Co. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Div1/2014/1%20CA%20CV%2013-0259.pdf (Arizona Supreme Court) The court held that A.R.S. § 20-259.01(B), which requires motor vehicle insurers who write liability policies to “make available” and “by written notice offer” underinsured motorist coverage to their insureds, does not require the notice to specify the cost of the underinsured motorist coverage. MORE INFORMATION: http://www.azcourts.gov/Portals/0/OpinionFiles/ Supreme/2015/CV140121PR.pdf January 15, 2015 December 02, 2014 McKee v. Peoria Unified School District (Arizona Court of Appeals) Judgment against school district in public records case was reversed; District’s response to request was “prompt” within the meaning of the public records statute. MORE INFORMATION: http://www.jshfirm.com/contentadmin/files/McKee%20 v.%20Peoria%20Unified%20 School%20District.pdf Desert Palm Surgical Group, PLC v. Petta (Arizona Court of Appeals) The court overturned a $12 million jury award for defamation in favor of two doctor plaintiffs against their former patient, stating that the verdict shocked the court’s conscience and was so extreme as to suggest passion, prejudice, mistake or a complete disregard of the evidence. MORE INFORMATION: http://www.jshfirm.com/contentadmin/files/Desert%20 Palm%20Surgical%20Group,%20PLC%20v.%20Petta.pdf ABOUT THE AUTHOR JON BARNES Jon Barnes clerked for Judge Orozco at the Arizona Court of Appeals before joining the firm. He currently focuses his practice