In 1981, the Arizona Supreme Court recognized the tort of insurance bad faith. That same year, Christian, Dichter & Sluga founding shareholder Doug Christian began helping national insurers establish good-faith claim practices and defending them in Arizona courts when they were accused of falling short of that goal.

Our firm continues the tradition of advising, representing and defending insurers, risk pools and claim administrators in coverage and claim-related disputes.

Under the guidance of shareholder Gena Sluga, our insurance coverage practice has expanded to include active representation in Nevada and New Mexico as well as Arizona.

In coverage matters, we try to minimize surprises and maximize predictability, with thoughtful, practical advice designed to avoid unexpected turns of events and expensive litigation. We address coverage issues directly, resolve them, and get our lawyers off the clock.

• Represented a national carrier in litigation arising out of a Damron stipulated judgment and obtained summary judgment for the carrier on the breach of contract and bad faith claims. On appeal, the Ninth Circuit submitted a certified question to the Arizona Supreme Court. In a significant published answer, the Arizona Supreme Court held that the default judgment against the insured did not preclude the insurer from litigating the coverage issue. The Ninth Circuit subsequently affirmed the summary judgment.

• Obtained summary judgment for a national carrier facing a $12 million Damron stipulated judgment. At issue was whether the insurance company had waived or was estopped from asserting coverage defenses not cited in its coverage denial letter. On cross-motions for summary judgment, the judge ruled that, without evidence of either a voluntary waiver of coverage defenses or prejudice to the insured, the insurer’s coverage defenses were not limited to those stated in the denial letter sent to the insured before the execution of the Damron agreement.

• Represented a primary carrier in a dispute relating to multiple personal injury claims in which the insured-cement truck driver traveling at highway speed ran into a stopped school bus filled with children and a driver. We participated in a mediation in which the single-occurrence limit of the client’s commercial auto policy was paid toward a settlement with the driver in exchange for a complete release for all insureds. Due to our successful negotiation of releases, we were able to tender the defense of the remaining claims to the excess carrier.

• Represented a primary carrier in a claim involving multiple fatalities and significant bodily injuries that occurred when the insured-employee, while allegedly under the influence of multiple drugs, drove a company truck into a group of cyclists who were stopped at an intersection. We were able to negotiate a global settlement for the primary carrier’s single-occurrence limit under only the commercial auto policy.

• Represented a commercial general liability carrier in a wrongful-death claim after an insured-employee left a company picnic intoxicated and struck and killed a minor driver while traveling the wrong way on a freeway. We successfully negotiated a settlement with the decedent’s estate for less than the policy’s limits and then recovered half of the settlement payment and defense fees from the insured’s commercial auto carrier.

• Represented a national carrier against a third-party suit seeking equitable reformation by an insured-landlord after it was sued for a dog-bite injury. We obtained summary judgment for the carrier on all claims, as well as an award of attorneys’ fees.

• Represented three national insurers in a multi-million-dollar lawsuit involving construction defect claims brought by an entity seeking additional insured coverage. Our clients demonstrated they had not received the tender of defense and were awarded summary judgment on the basis that no duty to defend had been triggered. We also obtained an award of attorneys’ fees.

When litigation cannot be avoided, Christian, Dichter & Sluga provides the resources you expect and require. We have genuine trial lawyers, not just litigators.

Co-founding shareholder Steve Dichter, who manages our litigation practice, began trying insurance cases with Doug Christian in the 1980s and continues to spearhead much of our insurance trial work.