John K. Wittwer

Member


jwittwer@cavanaghlaw.com
Phone: 602-322-4079

Practice Areas

Insurance Defense, Litigation, Special Risk Insurance Litigation

Industries

Agriculture, Automotive, Construction, Financial Services, Government, Healthcare, Homebuilding, Homeowners Associations, Hospitals, Hotels and Resorts, Insurance, Internet, Legal, Manufacturing, Media, Medical Practice Groups, Professional Practices, Real Estate, Restaurants, Retail, Shopping Centers, Technology, Telecommunications, Transportation

Representative Experience

Mr. Wittwer is a Member with the firm.  Mr. Wittwer's practice focuses upon analysis and litigation of complex insurance coverage issues, as well as the defense of insurance companies against claims of bad faith claim handling and punitive damages.  His coverage practice involves both personal lines and commercial lines.  He handles a wide range of compels insurance matters involving general liability, workers' compensation, automobiles, property, cyber, life, homeowners, professional liability, directors and officers, surplus lines, and excess/umbrella coverages. 

Mr. Wittwer was identified as a "Rising Star" by Southwest Super Lawyers for 2013, 2014, 2015 and 2016.  He currently sits on the board of the Arizona Association of Defense Counsel and is also a member of the Arizona State Bar's Technology Committee, where he served as immediate past Co-Chair of the Subcommittee on Data and Privacy Security, Cyber-Liability and Related Insurance.

Prior to attending law school, Mr. Wittwer worked as a software developer.  In his personal time, Mr. Wittwer is an accomplished musician and enjoys traveling with his wife and their daughter.

Publications & Presentations

News

Associations & Activities

  • Arizona Association of Defense Counsel, Board of Directors
  • State Bar of Arizona, Technology Committee - Subcommittee on Data and Privacy Security, Cyber-Liability and Related Insurance
  • DRI Data Management and Security Committee
  • International Association Of Privacy Professionals
  • International Legal Technology Association
  • State Bar of Arizona, Technology Committee Chair, 2016-2017

Awards & Recognition

  • Southwest Super Lawyers Rising Stars 2013 - current

Bar Admissions

  • Arizona, 2006

Court Admissions

  • U.S. Court of Appeals Ninth Circuit
  • U.S. District Court, District of Arizona

Education

  • Arizona State University College of Law (J.D., cum laude, 2006) Associate Managing Editor, Arizona State Law Journal
  • Pedrick Scholar
  • Couch Fellow, 2004
  • Pro Bono Distinction
  • Student Editor, Advanced Insurance Research class
  • Brigham Young University (B.A., Economics, magna cum laude, 1997)
  • Teaching Assistant - Intermediate Macroeconomics, Public Finance

Representative Matters

  • Carlson v. Foresters Ins. Co., 2015 WL 4881115 (D. Ariz Aug. 17, 2015)
  • Ingram v. Great American Ins. Co., 2015 WL 4072407 (D. Ariz. June 30, 2015)
  • Mt. Hawley Ins. Co., v. Slayton ex rel. County of Coconino, 1 CA-SA 12-0298, 2013 WL 708535 (Ariz. App. Feb. 26, 2013)
  • Progressive Cas. Ins. Co. v. Estate of Palmoera-Ruiz, 224 Ariz. 380, 231 P.3d 384 (App. 2010), review denied (Oct. 26, 2010), cert. denied, 131 S. Ct. 2874 (May 2, 2011)
  • Med. Protective Co. v. Pang, 2011 WL 3903096 (D. Ariz. Sept. 6, 2011)
  • Rause v. Paperchine, Inc., 743 F. Supp. 2d 1114 (D. Ariz. 2010)
  • Forbes v. 21st Century Ins. Co., 258 F.R.D. 335 (D. Ariz. 2009)

Examples of complex insurance matters Mr. Wittwer has recently handled are:

  • workers' compensation bad faith claim seeking eight-figure award for carrier's alleged delay in authorizing surgery and permanent disability and loss of earning capacity allegedly resulting therefrom;

  • excess commercial liability coverage claims arising out of notices of claims totaling $44.75 million against sheriff and other county officials for alleged civil rights violations under 42 U.S.C. § 1983;

  • professional liability coverage claims arising out of cardiologist's alleged sexual abuse of eight different patients;

  • excess commercial liability coverage claims arising from one of the annual top ten verdicts in Arizona in the amount of $7 million, resulting from severe motorcycle-vehicle accident;

  • claims under directors and officers, all-risk, and umbrella coverage, for putative class action against electric utility co-op and its board members alleging excessive compensation, wasteful spending, and punitive damages;

  • representation of two insurers in suit alleging that agents who sold hundreds of millions of dollars of annuity products to Arizona residents engaged in a systematic and deceptive effort to replace large numbers of those annuity contracts in order to generate commissions;

  • employee dishonesty coverage claims arising from bookkeeper's alleged embezzlement of more than half a million dollars from law firm over a period of seven years;

  • bad faith and punitive damage lawsuit alleging automobile insurer's alleged corporate pattern and practice of low-balling collision damage estimates and alleged refusal to "total" vehicles in order to save money;

  • property damage and business interruption/extra expense coverage claims in excess of half a million dollars arising from structure fire to business involved in construction of underground utilities.

Languages

  • Finnish