News & Articles

By Christopher K. Vakula

Arizona's Supreme Court ruled that insurers are not required to provide underinsured motorist coverage for ATV accidents occurring off public roads.

By Christopher K. Vakula

The Arizona Supreme Court clarified that premises liability duty is based on the relationship between parties, not on whether a condition is unreasonably dangerous.

Thomas Rubin & Kelley PC gave back to the Arizona community this holiday season with a gently used clothing drive.

Arizona dog owners face liability under strict liability and common law negligence theories, with limited defenses available.

Arizona's family purpose doctrine makes parents vicariously liable for negligent driving by family members when the parent furnishes a vehicle for family use.

Arizona law recognizes both negligent and intentional infliction of emotional distress claims, but plaintiffs must clear high evidentiary hurdles.

Arizona's Supreme Court ruled that insureds can stack UIM coverages across multiple vehicles on a single policy unless the policy contains explicit anti-stacking language meeting statutory requirements.

Arizona courts have determined that insurance adjusters are not required to disclose settlement ranges on UM/UIM claims.

Motor-vehicle theft has increased in recent years, and last year alone, more than 1 million vehicles were stolen nationwide.

Arizona's 2023 civil procedure amendments made minor changes to rules governing jury selection, video depositions, and related litigation procedures.

Arizona requires court approval for all minor settlements, though the process varies based on settlement amount and litigation status.

Arizona's Supreme Court established that punitive damages in negligence cases require proof of conduct reflecting an "evil mind," not mere negligence or gross negligence.

Arizona courts uphold the Collateral Source Rule, which prevents defendants from benefiting when plaintiffs have insurance or other independent sources covering their damages.

Arizona's Supreme Court established that plaintiffs must prove outrageous conduct creating substantial harm risk to obtain punitive damages in negligence cases.

Arizona wrongful death lawsuits allow specific family members to recover damages for losses suffered from a loved one's death, including financial support, companionship, and funeral expenses.

Two defense verdicts highlight successful outcomes in wrongful death cases handled by Thomas Rubin & Kelley attorneys.

By Michael G. Kelley

Arizona law automatically assigns bodily injury claims to workers' compensation carriers if injured employees fail to file lawsuits against third-party tortfeasors within one year of the injury.

Arizona's family purpose doctrine holds parents vicariously liable for negligent vehicle operation by family members who use automobiles furnished by the parent.

Arizona Supreme Court modified Rule 68(g) to cap sanctions at twenty percent of the difference between an offer of judgment and final judgment, significantly altering litigation incentives.

Best wishes for the new year from the Thomas Rubin & Kelley family.

Season's greetings from the Thomas Rubin & Kelley family.

A Thanksgiving greeting from the Thomas Rubin & Kelley family.

Arizona became the first state to abolish peremptory strikes in jury selection, effective January 1, 2022, allowing only for-cause challenges based on juror impartiality.

A festive Halloween greeting from the Thomas Rubin & Kelley family.

Arizona law permits punitive damages in dog bite cases when the owner's conduct is "aggravated and outrageous" and guided by an "evil mind."

Arizona dog owners may face common law negligence liability if they knew or should have known of their dog's vicious propensities before it caused injury.

Arizona dog owners face strict liability for bites regardless of the dog's prior behavior or history, with provocation being the only defense besides trespassing.

By Michael G. Kelley

Insurers should notify claimants of preferred defense counsel to protect against default judgments if litigation arises.

Arizona courts were gradually resuming in-person jury trials and normal operations after the one-year mark of the COVID-19 pandemic.

Nearly 3,000 people die annually in U.S. distracted driving accidents, with Arizona experiencing significant incidents that demonstrate the serious consequences of cell phone use while driving.