Arcadia News — award winning neighborhood news since 1993
June 2015
June 2015, page 6

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Do you wake up during the night due to you overheating? We have mattresses that regulate body temperature so you get a more restful night sleep. Come see what Your Mattress can do for you. Savings of $100 to $1000 off your Kingsdown mattress purchase during the month of June. KACHINA Quality Dry Cleaning 602-955-5540 3926 E. Indian School Road Arcadia Family Owned & Operated Since 1959 Home & Office Pickup & Delivery Available Page 6 June 2015 By Jennifer A. Cranston Most insurance companies conduct business in multiple states (and sometimes countries). As a result, most keep track of the general do’s and don’ts of insurance law. However, over the years, I have noticed a few unique aspects of Arizona insurance law – aimed at protecting the insured – that sometimes take insurance companies by surprise. Here are my top five principles of Arizona law that may assist an insured individual in navigating the insurance claims process: 1. Continued obligation to pay defense costs – Most liability insurance policies state that the company’s obligation to defend a lawsuit against its insured ends when the company pays its policy limits. The potential impact of this kind of provision allows the insurance company to pay all the policy limits to settle only a portion of a lawsuit and then leave the insured to defend himself against the rest of the claims or claimants. However, in Arizona, an insurance company must continue to pay defense costs until it obtains either a release of its insured individual’s personal liability or a satisfaction of judgment on behalf of its insured. 2. Consequence of failure to offer uninsured and underinsured motorist coverage – By Arizona statute, when an insurance company offers automobile liability coverage to its insured, it must also offer uninsured and underinsured motorist coverage at the same limits. These coverages provide compensation to an insured if he is injured in an accident by another driver who does not have any insurance or whose insurance is insufficient to cover the insured person’s damages. What many insurance companies don’t realize is that, if the company fails to offer these coverages, then it may have to pay the full amount of liability coverage to its insured in the event that the insured is injured in an uninsured or underinsured auto accident. 3. Insurability of punitive damages – In a lawsuit, most damages are compensatory, meaning they are intended to compensate the plaintiff for damages he sustained. However, there are times when additional damages are available to a plaintiff – called punitive damages – which are intended to punish a defendant for extreme wrongdoing. In many states, if punitive damages are assessed against a defendant, then that defendant’s insurance company is not required to pay those damages. However, in Arizona, unless the insurance policy expressly excludes coverage for punitive damages, the insurance company may have to pay the additional damages Five surprises for insurance companies in Arizona on behalf of its insured. 4. Enforcement of limitation of action clauses – Most insurance policies have a limitation of action clause, which basically sets a deadline for the insured to fi le suit against the company in the event that the insured disagrees with the insurance company’s coverage decision. In Arizona, these time limitations are not always enforceable. If the insured fi les a lawsuit after the policy’s limitation period has ended, the lawsuit may still proceed if the reason for the insured person’s delay is attributable to the insurance company or if the delay did not prejudice the company’s ability to defend the lawsuit. 5. Interest on first-party claims – First- party insurance provides coverage for injuries or losses suffered by the insured. Examples of fi rst-party claims are claims for damage to property and uninsured or underinsured motorist claims. Under a little-known Arizona statute, if the insurance company does not pay these claims within 30 days after the insured submits an acceptable proof of loss, then the company has to pay interest for the time of the delay (unless the company has a good faith basis to deny the claim). Please note the foregoing descriptions are general and may not apply in all cases. Each insurance claim should be evaluated on a case-by-case basis in light of its particular facts. — Jennifer A. Cranston is a shareholder at Gallagher & Kennedy. She focuses her practice on three primary areas: real estate disputes, including condemnation and valuation matters; insurance coverage analysis and bad faith litigation; and public utility regulation. For more information about Ms. Cranston, please visit gknet.com. LEGAL EASE

2015 Tavan School District Sales Results (1/1/2015-4/30/2015) Active Homes - 106 Homes Homes Sold - 55 Homes Average Sale Price - $462,446 Average Sold $ Per SF - $211 Average Days On Market - 170 days There is currently 6 months of home inventory. (based on 2014 sales results) 2015 home sales have decreased 23% this year. (based on 2014 sales results) Home prices have increased 2% this year. (based on 2014 sales results) $ Per Square Foot prices have increased 1% this year. (based on 2014 sales results) Homes are taking 54% more time to this year. (Based on 2014 sales results) 2014 Tavan School District Year End Sales Results Homes Sold - 199 Homes Average Sale Price - $451,117 Average Sold $ Per SF - $208 Average Days On Market - 78 Days 2013 Tavan School District Year End Sales Results Homes Sold - 217 Homes Average Sale Price - $403,875 Average Sold $ Per SF - $189 Average Days On Market - 66 Days 2012 Tavan School District Year End Sales Results Homes Sold - 207 Homes Average Sale Price - $326,316 Average Sold $ Per SF - $158 Average Days On Market - 66 Days 2011 Tavan School District Year End Sales Results Homes Sold - 203 Homes Average Sale Price - $265,505 Average Sold $ Per SF - $128 Average Days On Market - 102 Days Arcadia Real Estate Stats 2015 Hopi School District Sales Results (1/1/2015-4/30/2015) Active Homes - 182 homes Homes Sold - 109 homes Average Sale Price - $941,398 Average Sold $ Per SF - $291 Average Days On Market - 113 days There is currently 10 months of home inventory. (based on 2014 sales results) 2015 home sales have increased 29% this year. (based on 2014 sales results) Home prices have decreased 6% this year. (based on 2014sales results) $ Per Square Foot prices have decreased 1% this year. (based on 2014 sales results) Homes are taking 5% less time to sell this year. (Based on 2014 sales results) 2014 Hopi School District Year End Sales Results Homes Sold - 225 Homes Average Sale Price - $1,006,381 Average Sold $ Per SF - $286 Average Days On Market - 119 Days 2013 Hopi School District Year End Sales Results Homes Sold - 305 Homes Average Sale Price - $854,430 Average Sold $ Per SF - $262 Average Days On Market - 88 Days 2012 Hopi School District Year End Sales Results Homes Sold - 282 Homes Average Sale Price - $777,607 Average Sold $ Per SF - $235 Average Days On Market - 102 Days 2011 Hopi School District Year End Sales Results Homes Sold - 238 Homes Average Sale Price - $635,344 Average Sold $ Per SF - $197 Average Days On Market - 124 Days If you are buying or selling a home in Arcadia, call Tommy! 6102 E Wilshire • $395,000 4 bedroom / 2 bathroom • 2,340 square feet Camelback Mountain Views visit Tommy Atkinson .com Free MLS Access • Complete list of ALL Hopi properties for sale Complete List of ALL Tavan properties for sale • Complete list of ALL Arcadia foreclosures 3132 N Coolidge • $659,000 4 bedroom / 4 bath • 2,820 square feet Great Camelback Corridor West USA Realty Cell: 602-625-6020 tomatkinson1@msn.com 5500 N 67th Place • $1,695,000 5 bedroom / 5.5 bath • 5,773 square feet Paradise Valley Estate Thinking Of Selling Your Home? Call Today About My Flexible Commission Program Geared To Save You Money! 7808 N Ironwood • $1,945,000 5 bedroom / 5 bathroom • 4,818 square feet 2.61 acre P.V. Estate 4426 E Clarendon • $395,000 3 bedroom / 2 bath • 1,833 square feet Arcadia Ranch 5328 E. Lafeyette • $1,195,000 5 bedroom / 4 bath • 3,945 square feet Lafeyette Estate 4332 N 40th Street • $595,000 2 bedroom / 2 bathroom • 2,018 square feet Dos Puertas Gated Community