Milton Hathaway

About Milton Hathaway

Milton W. Hathaway, Jr. is a litigation attorney practicing primarily in the areas of personal injury and wrongful death, municipal liability, employment law and product liability.

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Education

• Law School: U of Arizona

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 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.

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.

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