Jason Smith

About Jason Smith

Jason is a real estate attorney, certified by the State Bar of Arizona as a specialist in real estate law, with a focus on community association law since 2006. His background includes defense work, where he handled insurance defense litigation, administrative hearings, and Fair Housing and other civil rights matters. He has extensive experience representing community associations, non-profit corporations, residential and commercial landlords, and various property and business owners. As a co-founder of Smith & Wamsley, PLLC, a Tucson-based firm with a growing presence in Phoenix, Jason oversees all facets of the firm’s practice, including general counsel, litigation, and debt collection.

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Education

• Law School: Indiana U - Bloomington

Common questions about Insurance Law in Arizona

Answered by Arizona Attorney Search Network

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.

What are the minimum auto insurance limits in Arizona?

Under ARS § 28-4009, Arizona requires minimum bodily injury liability coverage of $25,000 per person / $50,000 per accident, plus $15,000 property damage liability (the '25/50/15' minimums, increased from older minimums in 2020). These are the floor; experts generally recommend 100/300/100 or higher given the cost of medical care and the prevalence of underinsured drivers.

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.

Q&As answered by Jason Smith

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