5.1.6 Standards
| Jurisdiction | Arizona |
The scope of the insurance company's duty of good faith "cannot be delineated by the customs of the insurance industry."[100] Moreover, compliance with industry custom is not an absolute defense to a bad faith claim, although failure to comply may be relevant to the question of an insurer's alleged bad faith.[101]
There are three statutes regarding bad faith: (1) A.R.S. Sec. 20-675 conveys immunity for Arizona's property and casualty insurance guaranty fund unless bad faith is committed (which will not be discussed herein); (2) A.R.S. Sec. 20-461 embodies Arizona's Unfair Claims Settlement Practices Act and must be read in conjunction with the Department of Insurance Rule R20-6-801; and (3) A.R.S. Sec. 23-930 involves bad faith claims under Arizona's Workers' Compensation Act.
In Melancon v. USAA Casualty Insurance Co.,[102] the trial court instructed the jury with language taken verbatim from Rule R20-6-801 (formerly R4-14-801). This rule was promulgated to flesh out A.R.S. Sec. 20-461, but Sec. 20-461 specifically...
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- 5.1.1 Covenant of Good Faith and Fair Dealing
- 5.1.2 Directed Verdict Test
- 5.1.3 Timing; Statute of Limitations
- 5.1.4 Jurisdiction; Choice of Law
- 5.1.5 Proper Parties
- 5.1.6 Standards
- 5.1.7 Workers' Compensation
- 5.1.8 Discovery Issues
- 5.1.9 Paying Undisputed Claim Amounts
- 5.2.1 Standard of Review
- 5.2.2 Equal Consideration Test
- 5.2.3 When Does the Duty to Give Equal Consideration Arise?
- 5.2.4 Relevant Factors in Determining Equal Consideration
- 5.2.5 Assignment of Bad Faith Claim
- 5.2.6 Equitable Subrogation
- 5.2.7 Statute of Limitations
- 5.3 Punitive Damages
- 5.4.1 Advice of Counse
- 5.4.2 State Farm v. Lee (Implied Waiver)
- 5.4.3 Zilisch v. State Farm Mutual Automobile Insurance Company (Defending Debatable Claims)
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