Frank M. Fox

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.

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