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Insurance Bad Faith · Arizona

Punitive Damages Against an Insurer in Arizona

Arizona pairs one of the harder punitive standards in the country with the absence of any cap. Clearing the bar is difficult; what happens after you clear it is unconstrained.

The "evil mind" standard

Arizona requires proof that the insurer acted with an evil mind — intending to injure, or consciously disregarding a substantial risk of significant harm — by clear and convincing evidence. A tough but honest claims posture does not qualify.

What that excludes

Aggressive negotiation, a wrong coverage call, and even conduct that supports ordinary bad faith will not necessarily support punitive damages. The two questions are genuinely separate.

No cap once the bar is met

Arizona's constitution prohibits laws limiting damages for injury or death, so unlike most states there is no statutory ceiling on a punitive award in a bad-faith case.

Common questions

What is an "evil mind" in Arizona?

Intent to injure, or conscious disregard of a substantial risk of significant harm. It is a mental-state requirement, and it is demanding.

Is your insurer treating you unfairly?

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General information about Arizona law, not legal advice. Every policy and every claim is different.