John Ager

About John Ager

John is a life-long Arizona resident. He earned his undergraduate degree at the University of California, Berkeley, where he double majored in rhetoric and social science with an emphasis in legal theory. He earned his law degree from the University of Arizona where he was a member of Arizona Law Review and served as an extern to U.S. District Court Judge Hon. Richard Bilby.

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Education

• Law School: U of Arizona

Common questions about Insurance Law in Arizona

Answered by Arizona Attorney Search Network

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.

Can I sue my own insurance company in Arizona?

Yes. Insurance disputes are commonly litigated in Arizona Superior Court. Common claims against an insurer include breach of contract (denied or underpaid claim), bad faith (unreasonable handling), and statutory violations. Punitive damages may be available in cases of intentional bad faith. Most policies contain ADR provisions but courts will enforce them only if they are not unconscionable.

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.

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