Kurt M Zitzer

Meagher + Geer, P.L.L.P.
16767 North Perimeter Drive, Suite 210, Scottsdale, AZ 85258

(480) 624-8570 (Phone), (480) 222-6676 (Fax)

Commercial Litigation
Construction
Products Liability
Corporate/Business Services
Employment
Insurance
Insurance - Bad Faith
Insurance Coverage
Insurance - Reinsurance
Professional Liability
Securities and Financial Services

901749572

1990

Trinity College, B.A., 1985

The John Marshall Law School, J.D., cum laude, 1990

Recent Decisions: Geurden v. Quantum Transportation, et al ., ___F.Supp.3d ___, 2018 WL 1522481 (D.Ariz. 2018) (insurance carrier not bound by purported Damron Agreement for $25 million since the carrier did not actually breach the duty to defend and the anticipatory breach of policy obligations cannot be the predicate for a Damron Agreement).; Cantex, Inc. v. Giles Engineering Assocs., Inc., 2017 WL XXXXXX (Ariz. App. 2017) (vacating summary judgment and $100,000 award of attorney fees, holding that Arizona's law of comparative fault does not render apportioned claim one for sole negligence within an exception to an indemnity clause, and ordering summary judgment be entered in favor of engineering firm client on contractual defense and indemnity claim in excess of $500,000).; Colony Insurance Company v. Estate of Lakeisha Anderson, 2016 WL 796983 (Ariz. App. 2016) (holding that $2.2 million judgment against insured group home for death of resident fell outside the coverage of claims-made-and-reported policy in effect at time of death because claim was not reported during the policy period, further, death fell outside the coverage of the second claims-made-and-reported policy given the retroactive date).; Nelson v. Navigator Insurance Company, 624 Fed.Appx. 599 (9th Cir. 2015) (holding that general liability insurer did not provide coverage for $4.2 million judgment on spoliation of evidence suit under CGL Policy and Excess Policy because spoliation of evidence is for economic loss, not bodily injury or property damage, and the Insured's subjective expectation of coverage for the suit did not rise to the level of objective reasonableness under the evidence presented).; Catlin Specialty Ins. Co. v. Parks Industries, et al ., ___ F. Supp. 3d ___, 2015 WL 300625 (N.D. Ill., January 21, 2015) (summary judgment for Catlin finding no coverage under successive commercial general liability policies for claims involving allegedly defective auxiliary power units the Insured manufactured for installation on semi-trailer trucks to operation climate control and other functions, holding that claim did not involving an occurrence causing property damage ).; S P Syntax, LLC v. XL Specialty Ins. Co., et al, CV 2011-019071 Maricopa County Superior Court, Arizona (January 7, 2014) (summary judgment in favor of excess D & O insurer client wherein court found that Tower 2 coverage side A excess policy was not required to drop down and provide primary coverage, and that claim was otherwise excluded under Tower 2 based upon interrelated claim and prior notice exclusion).; Nat'l Fire Ins. Co. of Hartford, et al. v. Lewis, M.D., et al ., 898 F.Supp.2d 1132 (D.Ariz. 2012) (holding that general liability insurer did not have a duty to indemnify insured medical practice in eight underlying lawsuits for vicarious liability and negligent hiring, supervision and retention of cardiologist to the extent that the cardiologist groped and fondled the breasts of his female patients because such conduct, and all derivative theories of liability arising from such conduct, fell within the professional services exclusion).; Czapski v. Maher, 954 N.E.2d 237 (Ill.App. 1st Dist. 2011) (holding that a test driver of an automobile is a customer within meaning of policy exclusion that customers do not qualify as insureds under $5 million dollar commercial umbrella policy, and holding that client had no duty to indemnify any part of a $13.7 million dollar wrongful death verdict); Phillips & Associates, P.C. v. Navigators Ins. Co ., 764 F. Supp. 2d 1174, 2011 WL 537509 (D. Ariz., February 11, 2011) (finding that subject to a determination of no coverage, a carrier has the right to recovery from the insured defense and indemnity payments so long as carrier properly reserves those rights); Leflet v. Redwood Fire & Casualty Ins. Co., 226 Ariz. 297, 247 P.3d 180 (Ariz.App. 2011) (court restricts the use of Morris agreements and finds insureds who enter into such agreements to the benefit of one carrier and to the detriment of another carrier violate the policy's cooperation clause); Goble, et al. v. Beckwith, et al., No. CV2008-051863 (Maricopa County Sup. Ct., Ariz., Dec. 2, 2010) (holding that legal malpractice claims are barred by the statute of limitations because plaintiffs knew or should have known of the damages they sustained as a result of the alleged malpractice more than two years before filing suit); College Book Centers, Inc. v. Carefree Foothills Homeowners' Association, 225 Ariz. 533, 241 P.3d 897 (App. 2010) (reversing jury verdict against association that it had waived right to enforce CC&R's and ruling that implied easement claim failed as a matter of law); Nationwide Mutual Fire Ins. Co. v. Jones, 695 F.Supp.2d 978 (D.Ariz. 2010) (motor vehicle exclusion precluded coverage for ATV accident on public street); Scottsdale Ins. Co. v. Market Finders Ins. Corp., 2009 WL 5125771 (9th Cir. 2009) (reinstating cause of action for professional negligence against managing general agent); Johnson v. Clarke, 2009 WL 3756332 (Ariz. App. 2009) (holding that legal malpractice was time barred by two-year statute of limitation); American Safety Cas. Ins. Co. v. City of Waukegan, 2009 WL 855795 (N.D. Ill. 2009) (granting summary judgment to carrier based upon insured's failure to timely tender defense of suit); Colony Ins. Co. v. Events Plus, Inc., 585 F.Supp.2d 1148 (D. Ariz. 2008) (granting summary judgment to carrier based upon liquor liability exclusion); National Cas. Co. v. Forge Indus. Staffing, Inc., 2008 WL 4874508 (N.D. Ill. 2008) (granting summary judgment to carrier holding that insured was not entitled to Peppers counsel); Scottsdale Ins. Co. v. City of Waukegan, 2007 WL 2740521 (N.D. Ill. 2007) (granting carrier's motion to dismiss claim of bad faith); Holy Trinity Greek Orthodox Church v. Church Mut. Ins. Co., 2006 WL 18488 (D. Ariz. 2006) (granting carrier's motion for summary judgment dismissing claim for bad faith)

Meagher & Geer
8800 N Gainey Center Dr Ste 261, Scottsdale, AZ 85258
(480) 624-8570 (Office), (480) 222-6676 (Fax)
Meagher & Geer Pllp
8800 N Gainey Center Dr Ste 261, Scottsdale, AZ 85258
(480) 624-8570 (Office), (480) 222-6676 (Fax)

Arizona - Active 1992
Illinois - Active And Authorized To Practice Law 1990

The John Marshall Law School
Degree - J.D.
Graduated - 1990
Trinity International University
John Marshall Law School, Chicago

Insurance - 40%
Ethics / Professional Responsibility - 20%
Litigation - 20%
Arbitration - 20%

Meagher & Geer, P.L.L.P.
8800 North Gainey Center Drive, Suite 261, Scottsdale, AZ 85258

(480) 624-8570 (Phone), (480) 222-6676 (Fax)

Commercial Litigation
Construction
Products Liability
Corporate/Business Services
Employment
Insurance
Insurance - Bad Faith
Insurance Coverage
Insurance - Reinsurance
Professional Liability

901749572

1990, Illinois
1992, Arizona
1990, United States District Court, Northern District of Illinois
1992, United States District Court, District of Arizona
2006, United States Court of Appeals, Ninth Circuit
2008, United States Court of Appeals, Seventh Circuit
2010, United States Court of Appeals, Second Circuit
2010, United States District Court, Southern District of Illinois

Trinity College, B.A., 1985

The John Marshall Law School, J.D., cum laude, 1990

Mr. Zitzer is a litigation attorney. Kurt was recently honored by his peers by being selected as one of the Top 50 attorneys in the Southwest by Southwest Super Lawyers®. His practice focuses on ...

8800 N Gainey Center Dr, Scottsdale, AZ 85258

(480) 607-9719 (Phone), (480) 607-9780 (Fax)

Business Law
Legal Malpractice
Insurance Bad Faith

Arizona

JOHN MARSHALL- CHICAGO

Arizona State Bar