Frank M. Fox

Senior Member


ffox@cavanaghlaw.com
Phone: 602-322-4123
Fax: 602-322-4100

Practice Areas

Commercial Litigation, Subrogation, Personal Injury, Litigation, Insurance Defense, Transportation

Industries

Transportation, Insurance, Non-Profit Organizations

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

Trucking and Transportation
  • Multiple cases handled for a large insurer.  In the 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 a large inter-state moving company.
  • Defended a large food manufacturer in a wrongful death trucking and motorcycle accident.
  • Represented a 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.  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.
  • 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.
  • 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.
  • 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.
  • Defense verdict. First party bad faith case.  Plaintiff alleged the 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 involving failure to pay disability benefits.

Personal Injury

  • 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.
  • 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.
  • Defense verdict in favor of client.  This was a wrongful death claim for failure to yield the 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 the cross walk and had been drinking at the time of the accident.
  • 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
  • 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. 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.