Key Takeaways

  • Arizona follows a pure comparative negligence system allowing recovery even at 99% fault
  • Commercial general liability policies use file and use rate regulation
  • Arizona abolished joint and several liability for most cases - defendants pay only their share
  • Professional liability insurance is required for certain licensed professions
  • Punitive damages are generally not insurable in Arizona due to public policy
Last updated: January 2026

Arizona General Liability Insurance

Arizona has specific requirements for general liability insurance that agents must understand.

Pure Comparative Negligence

Arizona uses pure comparative negligence:

How It Works

  • Fault is allocated among all parties
  • Damages reduced by percentage of fault
  • No bar to recovery regardless of fault percentage
  • Can recover even if 99% at fault (only 1% of damages)

Several Liability in Arizona

Arizona uses several liability (not joint and several):

FeatureDescription
General RuleEach defendant pays only their percentage
Joint LiabilityAbolished for most cases
ExceptionActing in concert or intentional conduct
EffectCannot collect entire judgment from one defendant

Example

If Defendant A is 60% at fault and Defendant B is 40% at fault:

  • Defendant A pays 60% of damages
  • Defendant B pays 40% of damages
  • Plaintiff cannot collect 100% from either defendant alone

Commercial General Liability (CGL)

Arizona CGL policies must comply with state requirements:

Required Elements

  • Occurrence vs. claims-made coverage clearly disclosed
  • Coverage territory defined
  • Limits per occurrence and aggregate
  • Defense costs—duty to defend
  • Pollution exclusion with disclosure

Rate Regulation

Under file and use:

  • Rates filed with DIFI
  • Can be used immediately
  • Subject to post-implementation review
  • Must be actuarially justified

Professional Liability

Arizona requires or regulates professional liability for various professions:

State Requirements

ProfessionRequirement
AttorneysMust disclose if no malpractice coverage
ArchitectsRequired for state contracts
EngineersRequired for state contracts
Real Estate AgentsRecovery fund provides some protection
Insurance AgentsE&O strongly recommended

Punitive Damages

Unlike some states, Arizona generally does NOT allow insurance for punitive damages:

Arizona Rule

FeatureDetails
InsurabilityGenerally NOT insurable
Public PolicyPunitive damages meant to punish - allowing insurance defeats purpose
CoverageMost policies exclude punitive damages
ExceptionVicarious liability for punitive damages may be covered

Key Differences from Other States

  • Arizona is more restrictive than Texas (which allows punitive damage insurance)
  • Public policy against insuring one's own intentional wrongdoing
  • Vicarious liability (employer for employee) may still be covered

Products Liability

Arizona products liability insurance:

Coverage

  • Bodily injury from defective products
  • Property damage from defective products
  • Products-completed operations hazard
  • Aggregate limits apply

Arizona Law

  • Strict liability for manufacturing defects
  • Negligence or strict liability for design defects
  • Statute of repose: Products manufactured more than 12 years ago generally protected
  • Statute of limitations: 2 years from injury

Medical Malpractice

Arizona has specific medical malpractice requirements:

Key Provisions

  • No caps on damages (unlimited recovery)
  • Certificate of merit required to file suit
  • Expert witness requirements
  • Statute of limitations: 2 years from discovery
Test Your Knowledge

Under Arizona law, are punitive damages generally insurable?

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Test Your Knowledge

If a defendant is 30% at fault under Arizona's several liability rule, what portion of damages do they pay?

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D
Test Your Knowledge

What type of comparative negligence does Arizona use?

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B
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D