Jennifer Schiller
Jennifer Schiller LLC
Phone pending
About Jennifer Schiller
Jennifer Schiller is an insurance law attorney at Jennifer Schiller LLC 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: California Western
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 is bad faith insurance in Arizona?
Bad faith is an insurer's breach of the implied covenant of good faith and fair dealing - typically by unreasonably denying or delaying payment of a covered claim. Arizona recognizes a tort cause of action for bad faith following Noble v. National American Life, 128 Ariz. 188 (1981), and successful plaintiffs can recover compensatory damages, emotional distress damages, and (for intentional or knowing bad faith) punitive damages.
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.