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Walker v. Auto-Owners Ins. Co. – 9/27/2022
December 29, 2022
In an insurance policy using the “replacement cost less depreciation” method for determining “actual cash value,” labor costs may not be depreciated.
Cavallo v. Phx. Health Plans, Inc. – 10/20/2022
December 28, 2022
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.
Matthews v. Indus. Comm’n of Ariz. – 11/23/2022
December 20, 2022
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.
McCaw v. Ariz. Snowbowl Resort – 11/22/2022
December 5, 2022
Arizona Court of Appeals Division One holds that the Arizona Ski Safety Act does not shield a ski area operator from liability for injuries arising from ski lift accidents.
In re U.S. Currency ($39,500.00 Dollars) – 11/29/2022
December 5, 2022
Arizona Court of Appeals Division One holds that in a forfeiture action, a court cannot consider evidence of probable cause for the forfeiture when evaluating whether the claimant has met his burden of demonstrating ownership of the seized property.
New Division One panels announced – 11/29/2022
December 5, 2022
The Arizona Court of Appeals Division One released the panel assignments for January 30, 2023 through June 30, 2023.