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Mark G. Worischeck

Email MeMark G. Worischeck

Managing Shareholder
Location:
Phoenix, Arizona
Phone:
602-532-5795
Fax:
602-230-5054
Email:

Mark Worischeck joined Sanders & Parks in 1988 and serves as the firm's President and Managing Shareholder. Mr. Worischeck's practice emphasizes complex civil litigation, primarily in the areas of insurance, aviation, employment law, construction litigation, personal injury and product liability.

Mr. Worischeck is highly experienced in counseling and defending insurers in construction defect, additional insured, personal injury and primary/excess coverage issues. He counsels and represents insurance carriers on a wide range of coverage and bad faith matters involving claims for contractual and extra-contractual damages under commercial, directors and officers liability, workers' compensation, automobile, homeowners and umbrella policies. He also devotes a significant portion of his practice representing insurance companies in bad faith matters with a particular focus on insurers that have been subjected to Arizona Damron and Morris Agreements. Mark is often consulted by insurers to assess and troubleshoot complex coverage issues and high exposure tort cases and assists them in reaching global settlements. Representative insurance clients include AIG Aerospace, Copper Point Mutual Insurance Company (formerly SCF Arizona), Fireman's Fund Insurance Company, QBE, Starr Companies and USAA.

Mr. Worischeck handles personal injury and wrongful death cases, including those arising out of aviation accidents. Mr. Worischeck's aviation experience includes claims of product liability, maintenance failure, and piloting error. He has been lead counsel on cases involving mid-air collisions, engine failure, power line strikes and structural failures.

Mr. Worischeck also defends product manufacturers against product liability claims. His clients include Motorola and Schneider Electric USA.

Mr. Worischeck has also successfully defended employers in employment disputes in both state and federal courts. His clients include the City of Phoenix, Macy's, Inc. and EdKey, Inc.

Mr. Worischeck has earned the respect of his peers as a neutral, regularly serving as a mediator, arbitrator and settlement conference judge. He has served as a Judge Pro Tempore for the Maricopa County Superior Court since 2010. He is known for utilizing innovative methods to settle even the most complex case.

Mr. Worischeck also taught Insurance Law as an Adjunct Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University from 2010-2012.

Mr. Worischeck has received Martindale-Hubbell's highest AV® PreeminentTM rating, been chosen as one of Arizona's Finest Lawyers, selected to be included in Best Lawyers in America for 2013-2015, and is recognized in the 2010-2015 editions of Southwest Super Lawyers. Mr. Worischeck was also named by Super Lawyers as one of Arizona's Top 50 Lawyers for 2011-2014. In addition, Mr. Worischeck has been recognized as one of Arizona's Top Lawyers by AZBusiness Magazine from 2009-2014 and recognized in AZBusiness Leaders 2015 as a leader in construction litigation.

Mr. Worischeck earned his Juris Doctor from Washington University School of Law, St. Louis, Missouri, in 1986, and his Bachelor of Science in Business Administration from the University of Arizona, with distinction, in 1983. He is licensed to practice law in the State of Arizona; the United States District Court, District of Arizona; the United States Court of Appeals, Ninth Circuit; and the United States Supreme Court. He is a member of the State Bar of Arizona, the Maricopa County Bar Association, Defense Research Institute, Arizona Association of Defense Counsel and the American Board of Trial Advocates (ABOTA).

Mr. Worischeck is a licensed private pilot with ratings to fly various single-engine aircraft. He is a member of the Aviation Insurance Association (AIA) and the National Transportation Safety Board (NTSB) Bar Association. In addition, Mr. Worischeck serves as the Arizona State Chair of the Lawyer-Pilots Bar Association and is a panel attorney for the Aircraft Owners and Pilots Association (AOPA).

 PROFESSIONAL

Maricopa County Superior Court, Judge Pro Tempore (2010-Present)

SIGNIFICANT REPRESENTATIONS

Representative Jury Trials

Canyon Ambulatory Surgery Center and El Dorado Surgery Center, LLP v. SCF Arizona, Maricopa County Superior Court Cause No. CV2003-024399 (Consolidated): Successfully represented defendant insurance carrier in a case of first impression involving the repricing and payment of over $6 million of medical bills. (Judgment for the defendant). (2008)

John Snowberger v. Phoenix Union High School District, et al., Maricopa County Superior Court Cause No. CV2002-022093: Successfully represented defendant school district in a sports-related personal injury claim. (Defense verdict). (2005)

Quintero v. Yuma Union High School District, et al., Yuma County Superior Court Cause No. S1400CV02002000700: Successfully represented defendant school district in a claim for personal injuries. (Defense verdict). (2004)

Farrar v. Destiny Schools, et al., Gila County Superior Court Cause No. CV99-0218: Successfully represented Arizona charter school in a case of personal injuries. (Defense verdict). (2003)

LeFaivre v. Square D, et al., Maricopa County Superior Court Cause No. CV95-02974: Successfully represented product manufacturer defendant in a wrongful death case involving a forklift accident. (Defense verdict). (1998)

Von Hamm v. Becker, Maricopa County Superior Court Cause No. CV95-12601: Successfully represented defendant in a claim for personal injuries involving an automobile accident. (Defense verdict). (1996) 

Drey v. St. Luke's Health Systems and Centric Elevator Corporation, Maricopa County Superior Court Cause No. CV93-23985: Successfully represented defendant elevator maintenance company in a claim for personal injuries. (Defense verdict). (1995)

Anderson v. Centric Elevator Corporation, Maricopa County Superior Court Cause No. CV93-03032: Successfully represented defendant elevator maintenance company in a claim for personal injuries. (Defense verdict). (1994)

Muse v. May Department Stores dba Foley's Department Stores, Pima County Superior Court Cause No. 285906: Successfully represented defendant retailer in a wrongful termination, discrimination and retaliation case. (Defense verdict). (1994)

Berry v. Courtesy Chevrolet, Pima County Superior Court Cause No. CV2263441: Successfully represented car dealership defendant in a claim for personal injuries and property damages. (Defense verdict). (1993)

Criner v. Nowak, Maricopa County Superior Court Cause No. CV90-23194: Successfully represented defendant in personal injury claim involving automobile accident. (Case settled mid-trial). (1992)

Significant Settlements

Walker v. JLG Industries, Inc., et al., Maricopa County Superior Court, CV2011-006996. Represented the Plaintiff, an electrician, in a product liability action against JLG Industries, Inc., the manufacturer of the subject JLG ES Series Scissor Lift. Plaintiff was operating a JLG Scissor Lift at approximately 25 feet when it catastrophically collapsed due to the failure of the upper lift cylinder retention pin hardware. The matter settled shortly before trial for a confidential amount. (2013)

Waldersen, et al. v. State National, et al., Maricopa County Superior Court, CV2010-034067. Represented insurance company in a $30 million stipulated Damron judgment matter obtaining an excellent resolution. (2013)

Dude, et al. v. Bulk Transportation, et al., Graham County Superior Court, CV2011-00149. Represented five Native American plaintiffs in a case against an interstate trucking company and its contracted driver involving a tractor trailer/pick-up truck collision which resulted in five injured family members, two of which were minors who sustained severe, lifelong injuries. The matter settled before trial for high seven figures. (2012)

Transcontinental Insurance Company, et al. v. Kitchell Contractors, Inc. of Arizona, et al., U. S. District Court, District of Nevada Case No. 2:06-CV-00533-RCJ-GWF: Represented defendant contractor in a suit brought by CNA Insurance Company seeking to deny coverage for construction defect claims with costs of repair asserted to be in excess of $20 million. Asserted bad faith claims over and against the carrier. Matter settled favorably in favor of defendant contractor. (2007)

Richerson-Rose, et al. v. State of Arizona, Maricopa County Superior Court Cause No. CV2003-002093. Represented plaintiffs in a road design case against the State of Arizona involving a closed head brain injury. Matter settled before trial for multiple seven figures. (2004)

Chappell v. United States of America, Federal Aviation Administration, U. S. District Court, District of Arizona Cause No. CIV 01-1286-PHX-PG: Represented plaintiffs in a case against the Federal Aviation Administration for wrongful death damages regarding a mid-air collision. Matter settled before trial for high seven figures. (2002)

Yslava v. Hughes Aircraft Company v. City of Tucson, U. S. District Court, District of Arizona Cause No. CIV 91-525-TUC-ROS: Represented defendant City of Tucson in a longstanding toxic tort case involving the alleged contamination of Tucson city water with TCE. Matter settled favorably in favor of City of Tucson without payment of any money. (1999)

Reported Decisions

Saenz v. State Fund Workers' Compensation Insurance, 189 Ariz. 471, 943 P.2d 831 (App. 1997).

Yslava v. Hughes Aircraft Company, 188 Ariz. 380, 936 P.2d 1274 (1997).

Jane Doe One v. Garcia, 5 F. Supp.2d 767 (D. Ariz. 1998).

State Compensation Fund v. Yellow Cab Company of Phoenix, 197 Ariz. 120, 3 P.3d 1040 (App. 1999).

Stout v. State Compensation Fund, 197 Ariz. 238, 3 P.3d 1158 (App. 2000).

McEvoy v. Aerotek, Inc., 201 Ariz. 200, 34 P.3d 979 (App. 2001).

Stout v. State Compensation Fund, 202 Ariz. 300, 44 P.3d 178 (App. 2002).

Daly v. Royal Insurance Company of America, 2002 U.S. Dist. LEXIS 16183 (D. Ariz. July 17, 2002). 

Alanco Technologies, Inc., et al v. Carolina Casualty Insurance Co., 2004 U.S. Dist. LEXIS 28266 (D. Ariz. Sept. 20, 2004). 

Alanco Technologies, Inc., et al v. Carolina Casualty Insurance Co., 2005 U.S. Dist. LEXIS 26340 (D. Ariz. Oct. 31, 2005). 

Alanco Technologies, Inc., et al v. Carolina Casualty Insurance Co., 2006 U.S. Dist. LEXIS 31988 (D. Ariz. May 17, 2006).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2006 U.S. Dist. LEXIS 56034 (D. Ariz. July 21, 2006) (represented Carolina Casualty Insurance Company).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2007 U.S. Dist. LEXIS 10233 (D. Ariz. Feb. 13, 2007) (Represented Carolina Casualty Insurance Company).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2007 U.S. Dist. LEXIS 35215 (D. Ariz. May 11, 2007) (represented Carolina Casualty Insurance Company).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2007 U.S. Dist. LEXIS 62354 (D. Ariz. Aug. 22, 2007) (represented Carolina Casualty Insurance Company). 

Biltmore Assocs., L.L.C. v. Twin City Fire Ins. Co., 572 F.3d 663 (9th Cir. Ariz. 2009).

Areas of Practice

  • Alternative Dispute Resolution
  • Aviation Law
  • Civil Litigation
  • Construction Law
  • Directors and Officers Insurance
  • Employment Law
  • Insurance Bad Faith
  • Insurance Coverage
  • Insurance Defense
  • Personal Injury
  • Product Liability
  • Professional Liability Litigation
  • Public Entity Law

Bar Admissions

  • Arizona, 1986
  • U.S. District Court District of Arizona, 1986
  • U.S. Court of Appeals 9th Circuit, 1986
  • U.S. Supreme Court, 1996

Education

  • Washington University School of Law, St. Louis, Missouri
    • J.D. - 1986
  • University of Arizona, Tucson
    • B.S. - 1983
    • Honors: With Distinction
    • Major: Finance

Published Works

Representative Clients

  • AIG Aerospace
  • City of Phoenix
  • CopperPoint Mutual Insurance Company
  • Kitchell Contractors
  • Fireman's Fund
  • Macy's, Inc.
  • Motorola
  • National Unity Insurance
  • QBE
  • Schneider Electric USA
  • Starr Companies
  • USAA

Classes/Seminars

  • Presenter, ”Reptile Alert: Recognizing and Addressing the Reptile Theory in Litigation,” Fireman’s Fund Insurance Advanced Technical Seminar, October 30, 2014.
  • Panel Member, “Solutions to Workers’ Compensation Bad Faith Lawsuits: A State and National Perspective,” Panel Session at the Arizona Self-Insurers Association 2014 Annual Conference. September 26, 2014
  • Panel Member, “The Millenials in Action: Lessons Learned about Juror Decision Making from Mock Trials,” Panel Session at the 2014 CLM Annual Conference. Panel focused on Millennials as jurors and how these jurors make decisions regarding liability, causation and damages. April 10, 2014.
  • Presenter, Insurance Law Institute, State Bar of Arizona. Presentation regarding insurance bad faith, including workers' compensation bad faith, 2014
  • Presenter, Bad Faith Insurance Law Seminar, State Bar of Arizona. Presentation regarding the defense perspective on workers’ compensation bad faith, 2012
  • Presenter, "The Peculiarities of Arizona Insurance Law," Presentation given to Fireman's Fund corporate headquarters staff in Novato, California and webcast to Fireman's Fund's adjusters and claims representatives. Areas covered included insurance bad faith, Damron/Morris agreements and reservation of rights. August 16, 2012
  • Adjunct Professor, Insurance Law, Sandra Day O'Connor College of Law at Arizona State, 2010 - 2012
  • Guest Lecturer, Torts, Sandra Day O'Connor College of Law at Arizona State University, 2006
  • Guest Lecturer, Insurance Law, Sandra Day O'Connor College of Law at Arizona State University, 2005
  • Presenter, Insurance Bad Faith, State Bar of Arizona, 1995

Professional Associations and Memberships

  • State Bar of Arizona
  • Maricopa County Bar Association
  • Federal Bar Association
  • American Board of Trial Advocates (ABOTA)
  • Arizona Association of Defense Counsel
  • Defense Research Institute
  • Arizona Insurance Council
  • Aviation Insurance Association (AIA)
  • National Transportation Safety Board Bar Association (NTSB)
  • Lawyer-Pilots Bar Association, Panel Attorney
  • Aircraft Owners and Pilots Association (AOPA), Panel Attorney
  • Claims & Litigation Management Alliance
  • Litigation Counsel of America, Fellow, The Trial Lawyer Honorary Society

Past Employment Positions

  • Shimmel Hill Bishop & Gruender, Associate Attorney, 1986 - 1988
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