James McGuire
Phone pending
About James McGuire
James McGuire is an insurance law attorney in solo practice serving clients in Arizona, Arizona. Arizona insurance law is codified in Title 20 of the Arizona Revised Statutes and overseen by the Arizona Department of Insurance and Financial Institutions, covering bad-faith claims handling under Noble v. National American Life, coverage disputes, agent and broker liability, and the state's Unfair Claims Settlement Practices regulations. Contact details appear below.
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Education
- Law School: Florida A&M
Common questions about Insurance Law in Arizona
Answered by Arizona Attorney Search Network
What is subrogation in Arizona insurance?
Subrogation is the insurer's right to step into the insured's shoes after paying a claim and pursue the third party who caused the loss. Arizona recognizes both contractual subrogation (in the policy) and equitable subrogation. The 'made-whole' doctrine generally requires that the insured be fully compensated before the insurer recovers from the third party, with limited exceptions.
What are punitive damages in an Arizona insurance bad-faith case?
Punitive damages punish the insurer and deter similar conduct in egregious cases. Arizona requires clear and convincing evidence of an 'evil mind' - either intentional misconduct or such conscious disregard of rights that intent can be inferred. Punitive damages are not subject to a statutory cap but are constrained by federal due-process limits roughly equivalent to a 1:1 to 9:1 ratio with compensatory damages.
How long does an insurer have to respond to a claim in Arizona?
Arizona's Unfair Claims Settlement Practices regulations (Ariz. Admin. Code R20-6-801) require insurers to acknowledge claims within 10 working days, complete investigation within 30 days (with extensions), and either pay or deny coverage in writing with explanation. Repeated or unreasonable delays can support a bad-faith claim and DIFI complaints.