Insurance: Negligent Infliction of Emotional Distress
Jun 29, 2011
Negligent infliction of emotional distress claims often arise where someone who is in the "zone of danger," i.e., subject to being injured, and they witness a family member's injury or death. Like most...
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Attorney Referrals Used to Show Bias In Personal Injury Suits
Jun 29, 2011
It might surprise you, but defense lawyers salivate over attorney referrals to medical providers. Indeed, "attorney referral" is even a factor in the pre-litigation "evaluation" systems used by insure...
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Why You Need an Attorney That Knows How to Resolve Liens in a Personal Injury Matter
Jun 29, 2011
There's a saying concerning doctors that applies with equal force to lawyers:
Do you know what they call the person graduating medical school in the bottom of their class?
"Doctor."
On par w...
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It is Generally Unlawful for a Healthcare Provider to Bill An AHCCCS Enrollee
Jun 29, 2011
All AHCCCS registered healthcare providers must sign aProvider Participation Agreement("PPA")with AHCCCS which, among other things, requires as a condition of its participation in the program that the...
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Can a Medical Provider Bill You After Accepting Insurance Payment in a Personal Injury Matter?
Jun 29, 2011
Sometimes, when a medical provider learns there is a third-party at fault for an injury, they bill an injured party's insurance and then seek to recover the "balance" from the injured person's recovery...
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Legal Malpractice Can Be a Function of Minutes
Jun 29, 2011
Attorneys know that deadlines matter, but in this age of electronic filing and 24-hour drop boxes it was just a matter of time before a court would have to address a filing that was, say, a meresix min...
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Intoxicated Drivers Can Be Subject to Punitive Damages
Jun 29, 2011
An intoxicated defendant who injures someone is often exposed to punitive damages. Arizona Appellate Courts have unanimously affirmed punitive damage awards against drunk drivers in cases where it is p...
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Legal Malpractice and Breach of Fiduciary Duty
Jun 29, 2011
Many people do not understand the difference between legal malpractice and breach of fiduciary duty.
Legal malpractice arises when an attorney owes someone a duty of care and, by an act or omission, t...
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Arizona Supreme Court Holds Professional Negligence Against Insurance Agent is Assignable
Jun 29, 2011
Surprising result inWebb v. Gittlen, a new opinion from the Arizona Supreme Court which holds that a professional negligence claim against an insurance agentisassignable. Although a long overdue holdin...
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Mandatory Closing Provisions Strictly Enforced in Real Estate Purchase Contracts
Jun 29, 2011
That hissing sound you hear is not just air coming out of the real estate bubble, it's the folks at Mining Investment Group, LLC ("MIG") who today learned the importance of a mandatory closing date whe...
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