Elizabeth L. Fleming is a trial and appellate lawyer practicing in a variety of civil defense related areas. Ms. Fleming has represented companies and individuals in suits featuring insurance bad faith and coverage issues, construction defects, wrongful death, products liability, auto collisions, slip and falls, dog bites and contract issues. She also has substantial experience in appellate work both having handled appeals as a clerk at the court and successfully appealing issues involving coverage, contractual matters, and evidentiary and legal issues stemming from trials.
The majority of Elizabeth’s practice is devoted to litigation involving insurance companies, their insureds, advising and guiding insurance companies on claims handling practice and navigating difficult coverage issues. She has carried cases through the pre-litigation, litigation and appellate stages. Elizabeth has been named a Southwest Super Lawyers Rising Star each year since 2012.
- Secured coverage and then negotiated payment, each of which had previously been denied, for a commercial client paying out-of-pocket for property damage arising out of a helicopter crash.
- Obtained a judgement from the bench for the insurance company defendant in a bad faith lawsuit arising out of a hail storm.
- Obtained a jury verdict in favor of an insurance company defendant in a multi-million dollar bad faith lawsuit arising out of a flood at a dental practice on all issues including allegations of improperly valued equipment, undervalued construction work, and accusations of mold exposure.
- Obtained a jury verdict in favor of an insurance company defendant in a liability contested auto collision, establishing through expert testimony that the defendant could not have run a red light.
- Obtained a jury verdict in favor of an insurance company defendant in a multi-million dollar bad faith lawsuit arising out of a house fire on all issues allegations of underpayments on personal property, construction and additional living expenses.
- Successfully reversed a preliminary injunction on appeal through both the Court of Appeals and the Arizona Supreme Court for a commercial client ordered to shut down its marketing program.
- Successfully defended a defense jury verdict for a government-entity defendant through the Court of Appeals leading to a published opinion by the Arizona Supreme Court.
- Obtained a jury verdict for a road construction company defendant establishing that they did not breach a contract, act in bad faith or cause damage to competitor.
- Obtained a unanimous defense verdict in favor of insured individual establishing that he had no fault in settlement damages caused to his neighbor’s home through the use of expert horticulturist and structural engineer.
Howard University School of Law, (J.D., 2006)
Arizona State University, (B.A., 2002)
Admissions & Memberships
State Bar of Arizona
U. S. District Court of Arizona
U. S. Court of Appeals, Ninth Circuit
Arizona Association of Defense Counsel
Association of Defense Trial Attorneys
Defense Research Institute
Arizona State Bar – Young Lawyers Division (2012)
Ladder Down Program (2012 – 2013)
Johnson v. State Department of Transportation, 224 Ariz. 554, 233 P.3d 1133 (2010)
Lennar Corp. v. TransAmerica Insurance Co., 227 Ariz 238, 256 p.3d 635 (App.2011)
Presentations & Publications:
3rd Party Bad Faith for 2016 Insurance Law Institute with State Bar
Hindsight is 20/20: Subsequent Remedial Measures in Litigation, Co-author, For the Defense, September 2011
Valley of the Sun United Way, Generation United