Requests for Admission Deemed Admitted in Arizona if Not Responded to Within 30 Days
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Post 4828
Rose Karam, an insured, appealed from the superior court’s grant of summary judgment in favor of her residential property insurer, Mercury Casualty Co. In Rose A. Karam v. Mercury Casualty Company, No. 2 CA-CV 2023-0112, Court of Appeals of Arizona, Second Division (May 31, 2024) her suit against Mercury was defeated by admission that she had no case because she responded late to requests.
FACTUAL BACKGROUND
Karam was an insured under a Mercury homeowner’s policy. After suffering a fire at her home, Karam filed a property loss and damage claim under the policy, citing damage to a piano and a wall mirror. Following receipt of payments by Mercury Karam complained to Mercury that she was underpaid for personal property losses.
Two years later, Karam sued Mercury for insurance fraud, consumer fraud, and breach of contract. Thereafter, on August 30, 2022, Mercury served Karam with a set of discovery requests including interrogatories and requests for admission. Karam’s response to the requests for admission were due within thirty days of service she provided her responses months later on December 1, 2022.
Mercury moved for summary judgment. By its motion, Mercury asserted, in part, that because Karam’s responses to the requests for admission were untimely, the requests were deemed admitted. Due to those admissions-including that Karam had been fully and fairly paid for her losses, that Mercury had not breached the insurance policy, and that Karam had suffered no damages-Mercury claimed it was entitled to judgment as a matter of law on Karam’s breach of contract claim.
The court further determined that, even considering her actual, albeit untimely, responses to the requests for admission, Karam “failed to produce admissible evidence creating a genuine issue of fact for trial.”
DISCUSSION
The Court of Appeals will only affirm a grant of summary judgment if the evidence produced in support of the defense or claim has so little probative value that no reasonable person could find for its proponent.
Admissions
Arizona Rule 36(a)(1) provides that “[a] party may serve on any other party a written request to admit . . . the truth of any matters . . . relating to . . . facts, the application of law to fact, or opinions about either; and . . . the genuineness of any described documents.” The purpose of requests for admission is to expedite the trial and to relieve parties of unnecessary costs in proving facts.
Once a party is served with requests for admission, failure to respond within 30 days the rule provides “[a] matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended.”
Karam conceded on appeal that she did not respond to Mercury’s requests for admission within the required thirty-day period. Therefore the superior court did not abuse its discretion in deeming the statements in the requests for admission admitted.
Karam effectively admitted that she had been fully and fairly compensated for the claims she submitted, that Mercury did not breach the insurance policy, and that she did not otherwise have damages. Those admissions – even each standing alone – defeat a claim for breach of the insurance policy.
Given the allegations in Karam’s complaint and her admissions made by operation of law, there remained no material issue in dispute and Karam can no longer carry her burden of proof in this action.
Mercury was entitled to summary judgment and the court did not err in granting Mercury’s motion.
ZALMA OPINION
A lawyer practicing in Arizona that does not comply with the rules concerning Requests for Admission will always lose because his opponent will always send a Request including the ultimate facts about the case. Mercury’s counsel took advantage of the Arizona rule and obtained admissions that resulted in the resolution of the case in its favor. Karam is not without a remedy, she has a cause of action against her lawyer.
(c) 2024 Barry Zalma & ClaimSchool, Inc.
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Happy Law Day
ZIFL – Volume 30, Issue 9 – May 1, 2026
Read the full article at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-may-1-2026-barry-zalma-esq-cfe-2tywc, see the video at at and at https://zalma.com/blog plus more than 5300 posts.
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
ZIFL – Volume 30, Issue 9 – May 1, 2026
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year and is written by Barry Zalma.
DOJ Creates National Fraud Enforcement Division
Will the Feds Take on Insurance Fraud? Possibly as Part of a National Anti-Fraud Effort
On April 7, 2026, the Acting Attorney General, Todd Blanche, issued a memorandum establishing the Department of Justice National Fraud Enforcement Division (NFED). The memo describes an ambitious, but perhaps redundant, vision for this ...
When Abalone Died As a Result of Multiple Causes The Efficient Proximate Cause Requires Payment
Post number 5345
Read the full article at https://www.linkedin.com/pulse/efficient-proximate-cause-doctrine-saves-claim-barry-zalma-esq-cfe-yndlc, see the video at and at and at https://zalma.com/blog plus more than 5300 posts.
In American Abalone Farms, LLC v. Star Insurance Company et al., H052643, California Court of Appeals, Sixth District (April 27, 2026) the Court of Appeals dealt with an insurance coverage issue that required application of the efficient proximate cause doctrine.
FACTS
American Abalone Farms, LLC ("American Abalone" ) operates an aquaculture farm in Santa Cruz County, California, raising abalone in tanks. In August 2020, the CZU Lightning Complex Fires led to a prolonged power outage and road closures near the farm. As a result, the farm’s water pumps failed, causing the death of most of the ...
Breach of a Specific Condition Precedent Is a Complete Defense
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In United Services Automobile Association and State Farm Mutual Automobile Insurance Company v. Anthony Wenzell, 2026 CO 25 (Colo. Apr. 27, 2026) Anthony Wenzell was rear-ended in a car accident. He had a significant prior 2014 accident that required back surgery.
Wenzell claimed underinsured-motorist (UIM) benefits under three policies: (1) the tortfeasor’s liability policy, (2) his own primary UIM policy with State Farm, and (3) an excess UIM policy issued by USAA (under his brother’s policy, which contained an “other insurance” clause making USAA’s coverage excess over any collectible insurance).
After receiving the claims, both USAA and State Farm repeatedly requested that Wenzell execute comprehensive medical-release authorizations so they could obtain his full medical records and ...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
What Must be Done after Notice of a Claim is Received by the Insurer
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A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...
