5.2.4 Relevant Factors in Determining Equal Consideration

• Jurisdiction: Arizona

The court in Little delineated several factors that will be considered by the Arizona courts in assessing whether the carrier has treated the insured's interest with an equality of consideration:

(1) the strength of the injured claimant's case on the issue of liability and damages;

(2) attempts by the insurer to induce the insured to contribute to a settlement;

(3) failure of the insurer to properly investigate the circumstances so as to ascertain the evidence against the insured;

(4) the insurer's rejection of advice of its own attorney or agent;

(5) failure of the insurer to inform the insured of a compromise...