
Practice areas: Insurance Coverage, Civil Litigation, Personal Injury
Licensed in Arizona since: 2000
Education: The University of Iowa College of Law
Jaburg Wilk Law Firm
1850 N. Central AveSuite 1200
Phoenix, AZ 85004 Phone: 602-248-1032 Email: Nathan D. Meyer Visit website
Details
Nate’s practice focuses on insurance bad faith and coverage litigation, commercial litigation, general liability litigation, and professional liability litigation. He represents insurance companies, insurance adjusters, global corporations, contractors, business owners, insurance agents, and professionals. He handles all aspects of insurance-related litigation, including advising and defending insurers in bad faith litigation, drafting coverage opinions, advising and defending insurers in UM/UIM litigation, litigating declaratory judgment actions, defending liability claims, and advising/defending insurers when policy holders enter million dollar Damron, Morris, or Helme Agreements.
Nate works with clients that insist on doing things “the right way.” He believes that early case analysis, accurate estimation of litigation costs, frequent client communication, and honest recommendations are critical to effective legal representation and client satisfaction. A client must be provided information early and updated often to determine whether to litigate a matter through mediation, arbitration, dispositive motions or trial—or whether to make a merit-based or business decision to settle a case early for a fraction of litigation costs.
Nate also keeps his clients abreast of the latest developments in Arizona insurance bad faith, coverage and UM/UIM law by providing timely articles and blog posts regarding recent cases.
First Admitted: 2000, Arizona
Professional Webpage: http://www.jaburgwilk.com/our-people/nathan-d-meyer
- Arizona Association of Defense Counsel Annual Meeting & Fall Kickoff Reception Associate 101: How to Manage a Case Load and Make Partners Happy, 2023
- Vice-President, CLM Arizona Chapter
- Board Member, CLM Local Chapter: 2019
- Member, Arizona Association of Defense Counsel: 2004 - Present
- Speaker, CLE Seminar "Why Gamble on Bad Faith": 2018
- Member, CLM: 2015 - Present
- Member CLM Extra-Contractual Committee: 2016 - Present
- Speaker, CLE Seminar " Insurance Coverage Research & Negotiations with Claims Representaties" 2018
- Member, Maricopa County Bar Association: 2012 - Present
- Speaker, CLE Seminar "Bad Faith Insurance Claims in Arizona": 2013
- Arbitrator, State Bar of Arizona: Fee Arbitration Program: 2007 - Present
- President, Arizona Association of Defense Counsel, Young Lawyers Division: 2005, 2006
- Board of Directors, Arizona Association of Defense Counsel: 2007 - 2010
- Speaker, CLE Seminar "Bad Faith Insurance Claims in Arizona": 2008, 2009
- Speaker, CLE Seminar "Bad Faith What It Is and Isn't": 2005
- Speaker, CLE Seminar "Gather Information Critical to Your Bad Faith Case": 2008
- Vice President, Arizona Association of Defense Counsel, Young Lawyers Division: 2004
- Obtained defense verdict in a Graham County jury trial for insurer client in a breach of contract and insurance bad faith case arising from a homeowners claim after a wind and hail storm., 2019
- What do insurance companies need to know about punitive damages in Arizona?, 2015
- What is a Morris Agreement?, 2014
- What is an appraisal?, 2015
- What is a Damron Agreement?, 2015
- What is a Helme Agreement?, 2014
- Insurance Companies and the Attorney-Client Privilege in Arizona, 2015
- Is an Insurer's selection of an Appraiser important?, 2015
- Through the AADC Young Lawyers Division, Nate helped raise more than $30,000 for Devereux Arizona, a not-for-profit entity that provides shelter and services to disadvantaged children, adolescents and families.
- Through the AADC, Nate consulted with and referred attorneys who are the subject of Bar Complaints to qualified attorneys for a pro bono consultation and potential representation.
- Best Lawyers in America - Litigation, Insurance, 2023, 2024, 2025, Best Lawyer, Best Lawyers in America
- Insurance Coverage/Bad Faith, 2022, 2023, 2024, Top Lawyer, Phoenix Magazine
- Southwest Super Lawyer, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, Super Lawyer, Southwest Super Lawyer
- Named Top Author, JD Supra 2018 & 2020 Readers Choice Awards. , Top Author, JD Supra
- Top 40 Under 40 Litigation Attorneys in Arizona, American Society of Legal Advocates: 2014,2015, Top 40 Under 40 Litigation Attorneys in Arizona, American Society of Legal Advocates
- Arizona's Finest Lawyers, Arizona's Finest Lawyers: 2014, Arizona's Finest Lawyers, Arizona's Finest Lawyers
- AV Preeminent", Peer Review Rating, Martindale-Hubbell: 2012-Present, AV Preeminent, Martindale-Hubbell
- Top Rated Lawyer in Insurance Litigation, American Lawyer Media and Martindale-Hubbell: 2014 - Present, Top Rated Lawyer in Insurance Litigation, American Lawyer Media and Martindale-Hubbell
- University of Iowa, J.D., with Distinction, 2000 Central College, B.A., 1997
- In State Farm Mutual Auto Ins. Co. v. Frank, 2024 WL 1202982 (Ariz.App. March 21, 2024), the Arizona Court of Appeals confirmed the District Court of Arizona’s recent interpretation of the statute of limitations for UM/UIM claims, ARS § 12-555, and rejected two novel insured arguments. , Author, Arizona Court of Appeals Confirms UM/UIM Statute of Limitations, JaburgWilk.com, 2024
- In Swift Trans. Co. of Az., LLC. v. Carman in and for County of Yavapai, — Ariz. —, 515 P.3d 685 (Aug. 23, 2022), a bodily injury and wrongful death case arising from a tractor-trailer accident, the Arizona Supreme Court recently held, “to be entitled to punitive damages in a negligence action, a plaintiff must generally show that the defendant’s conduct was outrageous, oppressive, or intolerable, and created a substantial risk of tremendous harm, thereby evidencing a conscious and deliberate disregard of the interests and rights of others.” (all emphases in original, unless otherwise indicated), Author, Arizona Supreme Court Clarifies and Heightens Punitive Damages Standard in Negligence Cases, JaburgWilk.com, 2022
- Arizona recently amended ARS § 33-931 so that medical payment (“MedPay”) benefits are no longer subject to health care provider liens for treatment rendered to injured persons. , Author, Arizona Medical Liens No Longer Apply to MedPay Benefits, JaburgWilk.com, 2023
- Is an insured legally entitled to recover the incurred amount of medical expenses or a reasonable amount of medical expenses? , Author, Arizona Insureds are Legally Entitled to Recover Reasonable Rather Than Incurred Medical Expenses, JaburgWilk.com, 2022
- Commercial contracts often require the party with less bargaining power to procure insurance for the party with more bargaining power as a way to shift risk and potential liability. , Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance, JaburgWilk.com
- The Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so this post is a refresher., An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim, JaburgWilk.com
- The Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses caused by the COVID-19 Pandemic and incurred by Minor League Baseball teams., Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams, JaburgWilk.com
- A putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District Court held the phrase "reasonable expenses incurred for necessary medical services' are those expenses which the healthcare provider accepts as payment in full.”, Arizona District Court Holds "Reasonable" Medical Expenses Are Amounts Accepted by Providers as Payment in Full Rather Than Billed Amounts, JaburgWilk.com
- The Arizona Court of Appeals recently held MedPay benefits are subject to health care provider liens because MedPay coverage does not qualify as “health Insurance” exempt from medical provider liens under A.R.S. § 33-931., Arizona Court of Appeals Holds MedPay Benefits Are Subject to Health Care Provider Liens, JaburgWilk.com
- The Ninth Circuit Court of Appeals held that the thirty-day removal deadline under 28 U.S.C. § 1446(b)(1) does not commence upon service of a complaint on an insurer’s “statutorily designated agent”; rather, it commences when an insurer receives a complaint., Ninth Circuit Holds Removal Deadline Runs from Receipt of Complaint by Insurer Rather Than Insurer's "Statutorily Designated" Agent, JaburgWilk.com
- An insurance bad faith case arising from a workers’ compensation claim, the Arizona District Court granted a motion to dismiss bad faith and aiding and abetting claims against a Third-Party Administrator (“TPA”) and its Adjuster., the Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation benefits are required,” despite the Insured’s reimbursement of the workers’ compensation insurer., JaburgWilk.com
- The Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation benefits are required,” despite the Insured’s reimbursement of the workers’ compensation insurer., Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage, JaburgWilk.com
- A case arising from an underinsured motorist (“UIM”) arbitration, the Arizona Court of Appeals affirmed the trial court’s refusal to vacate an arbitration award because of an arbitrator’s alleged partiality., Arizona Court of Appeals Holds Insured Waived Objections to UIM Arbitrator’s Alleged Partiality, JaburgWilk.com
- The Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss claim/rights under a homeowners policy to a water damage mitigation and remediation contractor., Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors, JaburgWilk.com
- The Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did not apply to the “Affiliated Insurers”—GEICO Casualty Company and GEICO Indemnity Company., Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by "Affiliated Insurers", JaburgWilk.com
- The Arizona District Court excluded an Insured’s expert opinion that the Insurer’s alleged “claims handling failures” were “pervasive enough to support the conclusion that upper management had to have known of, and approved, the [alleged] deficient staffing levels, inadequate training, inadequate oversight by middle management, and the ethics-related lapses related to the financial incentives granted to employees.” , Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind, JaburgWilk.com
- In McClure v. CC Services Inc. & Country Life Insurance Company dba Country Life Financial, an Arizona insurance bad faith case arising from a disability claim, a jury awarded $1.29 million in compensatory damages and $5 million in punitive damages., Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case, JaburgWilk.com
- The Arizona Supreme Court answered a Certified Question from the Ninth Circuit Court of Appeals and held that Arizona's equitable indemnity law does not incorporate the First Restatement of Restitution § 78 because it conflicts with Arizona's general equitable indemnity principles. In Arizona, an insurer must actually owe—rather than have a "justifiable belief" that it owes—the discharged duty to recover from a third party., Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification, JaburgWilk.com
- A bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of the Insureds’ subpoena to a medical expert which sought..., Arizona District Court Rejects Discovery of Medical Expert's Previous Reports in Bad Faith Case, JaburgWilk.com
- Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips:, Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases, JaburgWilk.com
- In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory judgment case. , Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages, JaburgWilk.com
- In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona District Court ruled that aiding and abetting claims against a non-diverse claims manager and a non-diverse adjuster were not fraudulently joined and granted an insured’s motion to remand., Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant, JaburgWilk.com
- In Preciado v.Young American Insurnace Company, 2017 WL 2805631 ( Ariz.App . June 29, 2017) (unpublished), the Arizona Court of Appeals held the trial court erroneously failed to grant an Insurer’s motion for judgment as a matter of law on a punitive damages claim and reversed a $750,000 award of punitive damages in a bad faith case arising from an auto theft claim., Arizona Reverses Award of Punitive Damages in Bad Faith Case Again, JaburgWilk.com
- In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice plaintiff did not impliedly waive the attorney-client privilege regarding communications with subsequent counsel, simply because the defendant alleged plaintiffs’ contributory negligence and the non-party fault of subsequent counsel for charging unreasonable fees in subsequent litigation., Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into Litigation to Impliedly Waive the Privilege, JaburgWilk.com
- This order overruled the Arizona District Court’s previous ruling that, after an in camera inspection, certain documents were properly withheld based on the attorney-client privilege, in part, because the Insurer was defending based on objective reasonableness alone. , Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case, JaburgWilk.com
- In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1 (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment in favor of an Additional Insured General Contractor and found the “subcontractor exception” to the “your work” exclusion did not apply to the Additional Insured., Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor, JaburgWilk.com
- United Financial Casualty Co. v. Associated Indem. Corp., 2016 WL 6518491 (Ariz. App. November 3, 2016), Arizona Court of Appeals Holds Injury That Occurred Shortly After Plaintiff Exited a Vehicle Did Not Arise Out of the Use of an Auto, JaburgWilk.com
- A medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose, the Arizona Court of Appeals “decline [d] to impose a requirement that Offers of Judgment be deemed reasonable before sanctions are imposed under Rule 68(g).” , Arizona Court of Appeals Confirms No "Good Faith" Requirement for Offers of Judgment, JaburgWilk.com
- The Arizona District Court (Arizona and Pacific Reporter citations not yet available), held that an Insurer who offers its policy limits as a business consideration, but never concedes coverage, is not liable as a matter of law for an excess judgment against its Insured., Arizona District Court Holds Insurer That Never Conceded Coverage, but Offered Policy Limits, is Not Liable as a Matter of Law for Excess Judgment, JaburgWilk.com
- In Orosco v. Maricopa County Special Health Care District, (2017 WL 469690) (Ariz. App. February 2, 2017), a medical malpractice case in which the jury’s $4.25 million verdict exceeded two offers of judgment made by plaintiffs, the Arizona Court of Appeals held “a subsequent offer of judgment does not extinguish the effect of an offeree’s failure to accept a prior offer when the judgment is less favorable to the offeree than both offers” and consequently ruled that a plaintiff was entitled to pre-judgment interest from the date of the first offer of judgment., What Happens If a Litigant Beats Multiple Offers of Judgment in Arizona?, JaburgWilk.com
- Writings • "Arizona Reduces Punitive Damages in Isurance Bad Faith Again: Arellano v. Primerica Life Insurance," 2015 • "Damron Agreement or Stipulated Judgmnet Got You in Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on Insurers in Quishuis v. State Farm," 2014 • "Leave it to Beaver: Arizona Court of Appeals Validates 'Relatiive Definition' of Insured Which Precludes UIM Coverage," 2014 • "Arizona Court of Appeals Reverses Course and Holds Valid Offer of UIM Coverage Need Not Include Premium Prices," 2014 • "Dusting Off Arizona's Unfair Claims Settlement Practices Act & Regulation: Specific Standards for Good Faith Claims Handling," 2014 • "Arizona Court of Appeals Holds UM/UIM Election Form Must Include Premium Prices," 2013 • "Arizona Court of Appeals Holds Younger Brother Entitled to UIM Coverage as Resident of Older Brother's Household," 2013 • “Arizona Court of Appeals Upholds Damron Agreement & Declares Facts in Stipulated Judgments Bind Insurers for Purposes of Coverage,” 2012 • “Arizona Upholds $54 Million Reduction of Punitive Damages in Insurance Bad Faith Case,” 2012• “Arizona Upholds Bad Faith Liability For An Insurer's Failure to Advise Policyholders of Pertinent Policy Provisions,” 2012 • "Arizona Bad Faith Quick Reference," 2005 • "Continuing Bad Faith: Theory of Liability or Rule of Evidence," 2002 Winter Edition, Federation of Defense and Corporate Counsel Quarterly
- Memorandum Decision, an insurance bad faith case arising from a fire claim, the Arizona Court of Appeals affirmed the trial court’s grant of summary judgment to an Insurer, despite the Insurer paying the claim over 15 months after the fire occurred., Arizona Court of Appeals Notes "Good Reasons to Suspect Arson" and Disregards Insured's Expert Affidavit in Bad Faith Case, JaburgWilk.com
- To “prove” compliance with the contract requiring additional insurance coverage, the parties will often rely upon a “Certificate of Insurance.”, Illusion of Insurance Coverage, JaburgWilk.com
- Memorandum Decision, a declaratory judgment action, the Arizona Court of Appeals rejected an Insured’s argument that she could stack UIM coverage’s in separate policies issued by the same Insurer. , Arizona Confirms Two "Claims" Against Two Drivers Arising From One Accident Does Not Allow Insured to Stack UIM Coverage, JaburgWilk.com
- American Family Mut. Ins. Co. v. Verdugo, 2017 WL 2211275 (9th Cir. 2017), Memorandum Decision, a coverage case arising from a homeowners policy, the Ninth Circuit Court of Appeals affirmed an Arizona District Court’s holding that an Abuse Exclusion precluded coverage for derivative negligence claims against Insured’s who allegedly failed to prevent or report abuse., Ninth Circuit Affirms Abuse Exclusion Precludes Coverage for Failure to Prevent or Stop Abuse in Arizona, JaburgWilk.com
- City of Phoenix v. First State Ins Co., 2016 WL 4592906 (D. Ariz. Sept. 2, 2016), a coverage and bad faith case arising from an Insurer denying an Insured, the City of Phoenix, defense and indemnity from a personal injury claim, Arizona District Court Strikes Most of Plaintiff's Expert Opinion in Insurance Bad Faith Case, JaburgWilk.com
- The Ninth Circuit overruled the Arizona District Court’s dismissal of a garnishment filed by a Plaintiff/Assignee against an Insurer to collect a $1.5 million stipulated judgment entered against an Insurer pursuant to a “Damron Agreement.”, Ninth Circuit Revives Arizona Insured's Attempt to Collect Stipulated Judgment From Insurer, JaburgWilk.com
- Stafford v. Burns, --- P.3d ---, 2017 WL 164310 (Ariz.App. January 17, 2017), a medical malpractice and wrongful death case arising from emergency medical care rendered after a methadone overdose. , Offers of Judgment in Arizona Bad Faith Cases, JaburgWilk.com
- American Bar Association
- Arizona Association Of Defense Counsel
- CLM
- State Bar of Arizona Civil Jury Instructions Committee
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