Photo of Frank M. Fox

Of Counsel— Joined Burch & Cracchiolo in 2019
ffox@bcattorneys.com
(P) 602.234.8778 (F) 602.850.9778

Frank M. Fox is a commercial litigator who has been practicing law for 36 years. He has an AV Preeminent Peer Review Rating of 5.0 from Martindale-Hubbell, the highest rating available. His practice focuses on insurance defense, bad faith claims and commercial litigation.

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Gina Zamora
gzamora@bcattorneys.com
602.234.8725

Martindale Hubbell AV Preeminent – Peer Rated for Highest Level of Professional Excellence American Board of Trial Advocates

Biography

Frank M. Fox is a commercial litigator who has been practicing law for 36 years. He has an AV Preeminent Peer Review Rating of 5.0 from Martindale-Hubbell, the highest rating available. His practice focuses on insurance defense, bad faith claims and commercial litigation.

Prior to joining Burch & Cracchiolo, Fox was with The Cavanagh Law Firm for 34 years.   He graduated from Oberlin College with a B.A. in 1980 and earned his J.D. from the University of Nebraska in 1983.

Fox is admitted to U.S. District Court; U.S. Court of Appeals, Eighth District; U.S. District Court, Arizona; U.S. Court of Appeals, Ninth Circuit and the Northern District of Iowa.  Fox is licensed to practice in Arizona, Iowa and Nebraska. 

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Representative Engagements

Trucking and Transportation

  • Multiple cases handled for large insurer.  In most recent matter, a multi-million dollar demand was settled for $100,000 just before trial.
  • Numerous matters handled for a large expedited shipping client.
  • Represented large inter-state moving company.
  • Defended large food manufacturer in a wrongful death trucking and motorcycle accident.
  • Represented trucking company whose truck rear ended another semi, resulting in injuries to four drivers and the destruction of both trucks by fire.

Bad Faith

  • Defense Verdict.  First part bad faith case. Arbitration award was greater than policy limits.  Plaintiff alleged that company acted in bad faith for failing to settle prior to arbitration.
     
  • Found for plaintiff in an amount less than offered prior to trial. First party bad faith case.  Plaintiff alleged Defendant unreasonably delayed the processing of her claim and made only low-ball offer, forcing Plaintiff to go through the expense of an arbitration.
     
  • Defense verdict.  This was breach of contract/bad faith claim, alleging that insurance agent had misrepresented coverage and that insurance company had failed to pay claim that arose 50 miles outside United States border.
     
  • Filed Amicus Brief.  Court had improperly instructed jury based on Arizona Department of Insurance regulations promulgating under the Arizona Unfair Claims Settlement Practices Act.
     
  • First party bad faith claim for denial of coverage.  Case settled with high/low during trial.  Plaintiff alleged that Defendant wrongfully denied claim based on arson.
     
  • Defense verdict.  First party bad faith case.  Plaintiff alleged insurance company improperly denied coverage for payment of medical bills.
     
  • Settled during trial for $12,000.  First party bad faith for denial of medical pay coverage.
     
  • Settled after trial.  First party bad faith case involving failure to pay disability benefits.

Personal Injury

  • Retried in 1989.  First case in Arizona where judge allowed evidence of Plaintiff's failure to wear a helmet.  Defendant admitted negligence and offerd $50,000 before trial.  The jury awarded in first trial and after helmet defense was elminated on appeal, jury in second trial awarded $40,000.
     
  • Awarded Plaintiffs less than Offer of Judgment.  Wrongful death and personal injury claims.  The wrongful death claim settled prior to trial on remaining claims.  Defendant argued Plaintiff driver's negligence and Plaintiff's failure to wear a seat belt.  Jury found in favor of the Plaintiff, finding Plaintiff 50% at fault, and finding both Plaintiffs at fault for failure to wear their dealt belts.
     
  • Defense verdict in favor of client.  This was a wrongful death claim for failure to yield right of way.
     
  • Defense verdict in favor of client.  Client was a pedestrian who was hit crossing the street.  As a result of the accident, client is a paraplegic.  Defense argued that he failed to cross at crosswalk and had been drinking at time of the accident.
     
  • Defense verdict for client.  Defendant struck rear of Plaintiff's vehicle.  Plaintiff claimed a cervical lumbar strain sprain and a strain sprain of her left shoulder plus an aggravation of her preexisitng TMJ dysfunction.  Defendant admitted negligence.

Commercial Cases

  • Represented former employees in a matter involving numerous business tort claims asserted by their mortgage company former employer and its principals after our clients formed a competing mortgage company.  After three weeks of trial, trial court granted defendants' directed verdict motion on all counts of plaintiffs' complaint.  Directed verdict upheld by Court of Appeals and Arizona Supreme Court denied review.  Successfully recovered defendants' attorneys fees from Plaintiffs in excess of $350,000.
     
  • Defense verdict on appeal.  Nine month trial.  Plaintiff, a Colorado Corporation, alleged it was induced by Defendants to come to Arizona to create and restore a market for polystyrene products.  Plaintiff made antitrust claim on the grounds that Defendants discovered it was no longer beneficial to their vested interest, they canceled Plaintiff's contract.  Futhermore, Plaintiffs alleged breach of contract, breach of fiduciary duty, and tortuous interference with a contract/business relationship.
Professional Affiliations

State Bar of Arizona
American Bar Association
Maricopa County Bar Association
American Board of Trial Advocates
Phoenix Association of Defense Council
The Association of Trial Lawyers of America
The Harmonie Group

Presentations and Publications

      Frank Fox selected as one of the Top Rated AV Preeminent Lawyers in Personal Injury Defense
               
 July 23, 2012  News and Press Releases, Frank M. Fox

Honors & Awards

Selected, Best Lawyers in America, 2020

Education

J.D., University of Nebraska, 1983
B.A., Oberlin College, 1980

Admitted In

Arizona
Nebraska
Iowa

U.S. District Court
U.S. Court of Appeals, Eighth Circuit
U.S. District Court, Arizona
U.S. Court of Appeals, Ninth Circuit
Northern District of Iowa