Cavanagh

Frank M. Fox	Senior Member
Download V-Card PDF Print	ffox@cavanaghlaw.com Phone: 602-322-4063 Fax: 602-322-4100

Associations & Activities

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

Bar Admissions

• Iowa, 1983
• Nebraska, 1983
• Arizona, 1985

Court Admissions

• U.S. District Court, 1983
• Northern District of Iowa, 1983
• U.S. Court of Appeals, Eighth Circuit, 1983
• U.S. District Court, Arizona, 1985
• U.S. Court of Appeals, Ninth Circuit, 1985

Education

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

Representative Matters

Bad Faith

• 1997 Schrader v. State Farm – 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.

• 1996 Zilisch v. State Farm – Found for Plaintiff in an amount less than offered prior to trial. First party bad faith.  Plaintiff alleged Defendant unreasonably delayed the processing of her claim and made only a low-ball offer, forcing Plaintiff to go through the expense of an Arbitration.

• 1995 Foote v. Myers/State Farm – Defense verdict.  This was a breach of contract/bad faith claim, alleging that the insurance agent had misrepresented coverage and that the insurance company had failed to pay a claim that arose 50 miles outside of the United States border.

• 1991 Melacon v. USAA Casualty Insurance Company – Filed Amicus Brief. Court had Improperly instructed the jury based upon the Arizona Department of Insurance regulations promulgating under the Arizona Unfair Claims Settlement Practices Act.

• 1990 Capriola v. SafeCo Corp. – First party bad faith claim for denial of coverage.  Case settled with a high/low during trial.  Plaintiff alleged that Defendant wrongfully denied the claim based on Arson.

• 1987 Keller v. State Farm -– Defense verdict. First party bad faith case.  Plaintiff alleged the insurance company improperly denied coverage for payment of medical bills.

• 1987 Sanders v. State Farm – Settled during trial for $12,000. First party bad faith for denial of medical pay coverage.

• 1987 Huckins v. Liberty Life Insurance – Settled after trial.  First party bad faith involving failure to pay disability benefits.
  

Personal Injury

• 1986 Warfel v. Chaney  - Retired in 1989.  First case in Arizona where a Judge allowed evidence of Plaintiff's failure to wear a helmet. Defendant admitted negligence and offered $50,000 before trial. The jury awarded $25,000 in the first trial and after the helmet defense was eliminated on appeal, the jury in the second trial awarded $40,000.

• 2002 Faja v. Palatzky- Awarded Plaintiff's less than the Offer of Judgment. Wrongful death and personal injury clams. The wrongful death claim settled prior to trial on the remaining claims. Defendant argued Plaintiff driver's negligence and Plaintiffs' failure to wear a seat belt. A jury found in favor of the Plaintiff, finding Plaintiff 50% at fault, and finding both Plaintiffs at fault for failure to war their seat belts.

• 2002 Stone v. Lambeth – Defense verdict in favor of client.  This was a wrongful death claim for failure to yield the right of way.

• 1997 Roanhorse v. Bever – Defense verdict in favor of client. Mr. Roanhorse was a pedestrian who was hit crossing the street.  As a result of the accident, Mr. Roanhorse is a paraplegic.  Defense argued that he failed to cross at the cross walk and had been drinking at the time of the accident.

• 1986 Landrus v. Juarez- Defense verdict for client.  Defendant struck the rear of Plaintiff's vehicle.  Plaintiff claimed a cervical lumbar strain sprain and a strain sprain of her left should plus an aggravation of her preexisting TMJ dysfunction. Defendant admitted negligence.

Commerical Cases

• 2000 United Mortgage v. Arizona Mortgage – Represented former United Mortgage employees and their mortgage company in a matter involving numerous business tort claims asserted by United Mortgage 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.

• 1995 Pasco v. Mobil Oil – 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. Plaintiffs made an antitrust claim on the grounds that Defendants had a vested interest in selling virgin polystyrene, as oppose to recycled polystyrene and that, when Defendants discovered it was no longer beneficial to their vested interest, they canceled Plaintiff's contractor. Furthermore, Plaintiffs alleged breach of contract, breach of fiduciary duty, and tortuous interference with a contract/business relation.  
  

Arbitrations

Extensive defense work in both mandatory arbitrations, plus defense work in both UM and UIM arbitrations.