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Sisler v. Amex Assurance Company

Claim Against Insurance Company

We help victims of "bad faith" insurance claims obtain their rightful compensation. Our attorneys are highly trained in this area of the law. We work hard on your case so you don't have to. Below is an example of one case we took to the Superior Court of Arizona.

Man Shot People Working On His House

David Smokoska hired Allen Sisler and Tommy Erhardt to help on a remodeling project in his garage. Sisler and Erhardt were friends of Smokoska. One afternoon, without any apparent warning or provocation, Smokoska shot each of the men in the head while they were while they were all installing cabinets in the garage of his house. Smokoska then left his home near 2nd Avenue and Bell Road and went to Moon Valley Country Club where he shot himself.

Smokoska and both victims, Tommy Erhardt and Allen Sisler, were transported to North Phoenix Valley hospitals. Smokoska died shortly thereafter.

Cindy Smokoska Artibee — June 13, 2011 @ 10:03 pm (Source: PHX411.com)

"This was a horrific day for everyone involved in this incident. I just hope my brothers friends, Tommy and Allen, know that what happen that day was not something my brother would intentionally do. None of us will never really know what was going on inside David's head, but in my heart I know he had to of been mentally disturbed. He loved his family and friends; and would never hurt them in his right state of mind! I am sorry for everything the families have been through.There isn't a day that goes by that I don't think about that day. My continued thoughts and prayers go out the Erhardt and Sisler family."

Sisler and Erhardt, who miraculously survived, made a joint demand against Smokoska's widow for the limits of her homeowner's insurance policy issued by Amex Assurance Company.

Amex Assurance Company defended against the claims under a reservation of rights, and filed a declaratory judgment action to determine coverage. Sisler responded to the complaint, asserting the policy covered his claim. Sisler and Smokoska's widow ultimately entered into a Morris agreement with a stipulated judgment of $1,000,000 (plus costs) in exchange for a covenant not to execute. Sisler then amended his counterclaim and, as assignee of the insured's rights under the policy, alleged breach of contract and breach of the duty of good faith and fair dealing against Amex.

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