Uninsured/Underinsured Motorist Complaint - Arizona

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. Count One — Breach of Contract (UM/UIM Benefits)
8. Count Two — Bad Faith
9. Damages
10. Jury Demand
11. Prayer for Relief

Caption

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY NAME]

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Arizona [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Arizona, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to A.R.S. § 12-123 and the Arizona Constitution, Art. VI, § 14.

5. The amount in controversy exceeds $10,000.00, exclusive of interest and costs. Plaintiff claims damages that qualify this action for discovery Tier [1 / 2 / 3] under Ariz. R. Civ. P. 26.2, based on [STATE DAMAGES AND CASE-COMPLEXITY FACTS]. Select one tier before filing under Rule 8(b).

6. Venue is proper in [COUNTY] County under A.R.S. § 12-401 because [DEFENDANT RESIDES IN THIS COUNTY UNDER THE GENERAL RULE / IDENTIFY THE NUMBERED EXCEPTION AND STATE FACTS SUPPORTING IT].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Arizona.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating a vehicle at an excessive or unreasonable speed (A.R.S. § 28-701)
☐ Failure to yield the right of way (A.R.S. § 28-772)
☐ Following too closely (A.R.S. § 28-730)
☐ Driving under the influence (A.R.S. § 28-1381)
☐ Failure to obey a traffic control device (A.R.S. § 28-644)
☐ Improper lane change (A.R.S. § 28-729)
☐ Use of a portable wireless communication device while driving (A.R.S. § 28-914)
☐ Failure to maintain a proper lookout
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. At the time of the policy application, Plaintiff [☐ accepted UM coverage / ☐ accepted UIM coverage / ☐ did not validly reject UM coverage on the form approved by the Director of Insurance].

Notice and Time Limits

16. Plaintiff provided written notice to Defendant Insurer of the intent to pursue a UM/UIM claim on [DATE]. The notice was timely under A.R.S. § 12-555 because [STATE THE ACCIDENT DATE AND ANY APPLICABLE LATER DISCOVERY DATE; FOR UIM, STATE THE TIMELY CLAIM AGAINST OR ACTION INVOLVING THE TORTFEASOR].

17. This Complaint is filed within three years after that written notice, as required by A.R.S. § 12-555(C), if the claim has not settled.

Stacking Provisions

18. ☐ Multiple policies or coverages purchased by one insured on different vehicles apply to this accident. [IDENTIFY EACH POLICY AND COVERAGE.] If Defendant relies on a one-policy limit under A.R.S. § 20-259.01(H), identify the policy language and any required written notice of Plaintiff's right to select the applicable policy or coverage. Plaintiff selects [POLICY OR COVERAGE], subject to any dispute over whether the limit applies.

☐ Plaintiff contends stacking applies because [________________________________].

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

19. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

If the claim involves an unidentified vehicle and no physical contact occurred, the corroborating testimony, fact, or evidence showing that vehicle caused the accident is: [DESCRIBE CORROBORATION] (A.R.S. § 20-259.01(M)).

☐ Underinsured Motorist (UIM) Claim:

20. The sum of all bodily injury or death liability limits applicable to the accident is $[TOTAL APPLICABLE LIABILITY LIMITS]. Plaintiff's total bodily injury or death damages are $[TOTAL DAMAGES], which exceeds those liability limits. UIM coverage applies to the difference, subject to the Policy, under A.R.S. § 20-259.01(G).

21. Plaintiff has received $[AMOUNT RECOVERED FROM TORTFEASOR] from the at-fault motorist's liability coverage by [☐ settlement / ☐ judgment / ☐ other payment], or [DESCRIBE ANY PENDING LIABILITY CLAIM].

22. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

23. UIM coverage does not provide coverage for a claim against an uninsured motorist in addition to any applicable UM coverage, per A.R.S. § 20-259.01.

Count One

Breach of Contract (UM/UIM Benefits)

24. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 23.

25. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

26. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

27. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

28. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Count Two

Bad Faith

29. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 28.

30. Under Arizona law, an insurer owes a duty of good faith and fair dealing to its insureds. Noble v. National American Life Ins. Co., 128 Ariz. 188 (1981). An insurer that unreasonably denies, delays, or underpays a valid claim may be liable for the tort of bad faith. Rawlings v. Apodaca, 151 Ariz. 149 (1986).

31. Defendant Insurer acted in bad faith by:

☐ Unreasonably delaying investigation and/or processing of the claim
☐ Denying benefits without a reasonable basis in law or fact
☐ Failing to make a prompt, fair, and equitable settlement
☐ Refusing to pay an amount clearly owed while disputing only the excess
☐ Compelling the insured to initiate litigation by offering substantially less than amounts ultimately recovered
☐ Other: [________________________________]

32. Defendant Insurer's bad faith caused Plaintiff [DESCRIBE COMPENSABLE HARM]. [Only if supported by specific facts: Defendant also acted with an evil mind, as shown by [PLEAD FACTS SHOWING INTENT TO INJURE OR CONSCIOUS DISREGARD OF A SUBSTANTIAL RISK OF SIGNIFICANT HARM]. Punitive damages require clear and convincing proof of that state of mind; unreasonable or knowing bad faith alone does not establish entitlement.]

Damages

33. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Punitive damages (bad faith claim, only if the evil-mind allegations above are supported): According to proof
☐ Prejudgment interest (A.R.S. § 44-1201)
☐ Attorney's fees (A.R.S. § 12-341.01 — contractual claims)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Punitive damages on the bad faith claim, only if the optional evil-mind allegations above are supported and proved by clear and convincing evidence;
4. Prejudgment interest pursuant to A.R.S. § 44-1201;
5. Attorney's fees pursuant to A.R.S. § 12-341.01;
6. Costs of this action; and
7. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], State Bar of Arizona No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Arizona [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Arizona

Sources and References

• A.R.S. § 20-259.01 — Arizona Legislature
• A.R.S. § 12-555 — Arizona Legislature
• Arizona UM/UIM Stacking — Schmidt, Sethi & Akmajian
• Arizona UM/UIM Overview — Esquire Law
• Arizona UM Stacking — Phillips Law