Arizona Court of Appeals Division Two holds that an insurance bad faith claim accrues for notice of claim purposes in the workers compensation context when the insurer denies coverage.
The Arizona Supreme Court holds that a waiver instruction is improperly given on a bad faith claim in which the plaintiff lacks knowledge of the wrongful act at the time of the alleged waiver and that the duty of good faith and fair dealing cannot be waived in the context of an insurance bad faith claim.
The Arizona Supreme Court holds that A.R.S. § 23-1043.01(B), which limits workers’ compensation claims for mental illnesses to those that arise from an “unexpected, unusual or extraordinary stress” situation, does not violate article 18, section 8 or article 2, section 13 of the Arizona Constitution.