PRACTICE AREAS
We believe that a claim is best represented by an aggressive attorney who develops a case early and presents it effectively for arbitration, settlement or trial. We are mindful of the need for practical, efficient litigation techniques that produce the best results for you. Thomas Rubin & Kelley understands the importance of a cost versus benefit approach to discovery in matters. Therefore, we stress the importance of early evaluation of cases and undertake great efforts to provide an accurate evaluation as soon as practicable following the assignment of a case. We also recognize the importance of timely and regular reporting, adhering to carrier guidelines and utilizing litigation budgets. The firm has instituted what we call “Client Services Best Practices and Guidelines” which mandate regular guidelines with respect to reporting, litigation strategy, evaluations, and billing, among other items.
AUTOMOBILE LIABILITY
We are experienced in handling automobile accident cases throughout Arizona – whether a low-impact accident with a soft-tissue injury or a major accident that caused catastrophic injury or death.
In our experience, automotive liability cases can be a complicated mixture of eyewitness testimony, physical evidence, police investigation and accident reconstruction. All of our attorneys are skilled at preparing a case for trial and defending cases on liability matters. Our attorneys are also well-versed in attacking damage claims presented by plaintiffs.
BAD FAITH LITIGATION
We have represented insurance companies in Arizona against numerous first and third-party bad faith actions. The firm has significant trial experience in bad faith matters. In addition, our firm advises insurers on claim handling practices and measures and methods to avoid potential bad faith claims during the handling of a first-party claim or during the defense of a third-party lawsuit.
CONSTRUCTION DEFECT LITIGATION
We routinely represent contractors, subcontractors, suppliers, manufacturers, and design professionals in some of the largest construction defect cases in Arizona. Over the years, we have developed relationships with some of the leading experts in construction, engineering, and architecture to help work toward achieving the best possible outcome for our construction clients.
DRAM SHOP LIABILITY
We have represented many Arizona restaurants, bars, and other establishments against claims related to liquor liability. Our attorneys are familiar with the issues that typically arise in dram shop cases, types of experts involved, and have gained a comprehensive understanding of the factors affecting an individual’s impairment, including retrograde analysis, elimination rates, and alcohol tolerance.
We also have significant experience in advising hospitality clients on how to prevent accidents and lawsuits. We have collaborated with clients in evaluating training procedures, creating action plans, and educating staff on the potential consequences of violations.
GENERAL LIABILITY DEFENSE
Over the years, we have defended a seemingly endless variety of occurrences that qualify for defense under a general liability policy. We have substantial experience representing property management companies, commercial landowners and developers, hotels, construction companies, large retailers, and self-insured companies in all aspects of a lawsuit. We also counsel clients on risk management protocol and assist with the development of policies and procedures to reduce potential future claims.
INSURANCE COVERAGE COUNSELING AND LITIGATION
We have significant experience in insurance coverage counseling and dispute resolution. The firm has advised insurance carriers and litigated coverage issues involving nearly every line of insurance. We provide pragmatic, cost-effective solutions to the every day disputes involving insurers, producers, and policy holders. We understand issues arising in the context of the duty to defend, exclusions, additional insureds, deductibles, retentions, priority of coverage, and the relationship between primary and excess insurers. Our experience includes first party coverages, as well as issues which arises as it relates to coverage in third-party claims.
PREMISES LIABILITY
We defend businesses, landlords, and landowners who have been sued when guests or tenants trip, slip, or fall and injure themselves on their premises. We also defend cases were people are injured on the premises by a third-party who commits a criminal act. In all cases, we carefully weigh the facts and discuss the applicable law so that an informed decision can be made with respect to litigation of these cases.
PRODUCT LIABILITY
The firm has represented a wide range of manufacturing companies that have been sued in Arizona due to been sued in Arizona due to an alleged defective product. We are committed to defending our clients vigorously in product liability cases using our experience and energy to achieve a favorable result whether in state or federal court. We have also served as local counsel in mass tort cases assisting with discovery, mediation, and trial.
PROFESSIONAL LIABILITY
The firm defends professionals, including accountants, architects, attorneys, insurance agents, real estate professionals including agents and brokers – either directly or through appointment as defense counsel by insurance carriers. Our attorneys are well versed in industry practices and have a particular strength in professional liability disputes. We handle claims ranging from civil negligence to complex malpractice.
SIU and INSURANCE FRAUD
We offer SIU/insurance fraud defense for the special investigation units of insurance carriers. We devote ourselves to the investigation, analysis, and litigation of suspicious claims. We have the expertise and ability to provide coverage analysis of suspicious claims, as well as to recognize and analyze related non-fraud coverage issues. We have handled a wide range of fraudulent claims, including, but not limited to, arson and suspicious property loss claims, RICO, and fraud rings and large-scale fraud activities.
TRUCKING AND TRANSPORTATION DEFENSE
We successfully represent transportation companies in all facets of transportation defense, including motor freight carrier lines and their insurers. We have a specific knowledge of numerous state and federal laws, including the Federal Motor Carrier Safety Regulations, transportation standards of care, and accident reconstruction involving commercial vehicles. In addition, we provide rapid response services to provide counsel and guidance to our clients when trucking or other transportation related mishaps occur. We have found early involvement and investigation often result in a better outcome.
WORKERS’ COMPENSATION
The firm has substantial experience in workers’ compensation defense, including litigating cases at the Industrial Commission and at the appellate level. We represent insurance carriers, self-insured employers, and third-party administrators in Arizona. We understand the complexity of workers’ compensation claims and have vast experience defending claims as a result of incidents on a construction site as a result of a motor vehicle accident, or other occupational injury type matters.