Amy Samberg

Full Profile

Amy Samberg manages our Southwest offices (Arizona, Colorado, Nevada), and is a member of the firm’s North American Board. Amy and her market-leading insurance team advise insurers on coverage and bad faith matters across multiple coverage lines, including general liability, auto, professional liability, and financial lines, with a particular strength in first-party property. She extensively litigates bad faith and coverage suits in courts throughout the Southwest. 

In the area of property insurance, Amy is co-chair of the North American Property Practice Group. She is retained by clients to advise on first-party property claims and issues arising out of a variety of property damage and time element losses ranging from routine weather damage and water claims to catastrophic events such as wildfires and the COVID-19 pandemic. Amy is also frequently called upon to assist clients with examinations under oath, including those related to the investigation of suspected arson or fraud. 

In the area of liability insurance, Amy has broad experience advising clients and litigating coverage and bad faith suits in matters involving a wide range of personal and commercial lines coverages including general liability, auto, excess/surplus, professional liability, EPL, directors’ and officers’ liability, and fiduciary liability. She frequently counsels’ clients on bad faith set up avoidance and good faith claim handling issues. 

Amy is ranked Band 1 by Chambers USA for Insurance – Arizona, is a Fellow of the prestigious American College of Coverage Counsel and has been recognized by numerous publications for her work in insurance law.

Admissions

• Arizona
• Colorado
• Nevada
• New Mexico
• Utah
• California
• Texas (inactive)
• US District Court of Arizona
• US District Court of Colorado
• US District Court of Nevada
• US District Court of New Mexico
• US District Court of Utah
• US District Court of Texas
• US Courts of Appeals for the Ninth and Tenth Circuits

Education

• J.D., University of Arizona, College of Law, 1991. Ares Fellow. Executive Note Editor, Arizona Law Review.
• B.A., Arizona State University, 1988

Memberships

• Fellow of the American College of Coverage Counsel
• International Association of Defense Counsel
  • Property Insurance Committee
• Defense Research Institute (DRI)
  • Former State Representative (Arizona)
  • Insurance Law Committee
• Loss Executive Association (LEA)
• Property Loss Research Bureau (PLRB)
• Tucson Defense Bar
  • Past President
• Arizona Association of Defense Counsel
  • Former Director

Experience

Liability 

• Obtained no coverage ruling from Nevada Federal Court under both auto and homeowners’ policies for the underlying suit involving an ATV accident after the bench trial, appeal, and remand. The ruling was upheld after the retrial. 
• Obtained summary judgment and no coverage ruling from Colorado Federal Court on behalf insurer in a case brought by a hotel management company for misappropriation of funds under a claims-made professional liability policy. 
• Obtained summary judgment in Nevada Federal Court for insurer to enforce a duty to defend and indemnify named insured in underlying liability suit as additional insured under subcontractor’s policy. 
• Obtained summary judgment on behalf of insurer in Colorado State Court, upholding the denial of coverage under a CGL policy for the underlying class action claims for false advertising. 
• Obtained summary judgment for insurer in Arizona Federal Court on coverage and bad faith suit after denial based untimely reporting under D&O policy. 

Property 

• Secured a petition for a writ of mandamus issued by the Nevada Supreme Court on behalf of insurer for alleged business losses during government mandated closure orders due to COVID-19.
• Obtained dismissals of multiple suits involving business interruption losses due to COVID-19 related closure orders including cases in State and Federal Courts in Arizona, Nevada, and Colorado. 
• Obtained judgment in favor of insurer after trial in Nevada Federal Court of a USD multi-million dollar water loss filed by a Las Vegas hotel/casino. 
• Obtained directed verdict for insurer after trial related to alleged denial based on fraud in Nevada State Court. 
• Obtained summary judgment from Colorado Federal Court for insurer on coverage and bad faith suit resulting from substantial water loss at a high-end ski residence. 
• Obtained summary judgment in favor of insurer from California Federal Court on coverage action related to a vacancy condition after total loss fire to business.  

Publications

• Co-author, “Follow-up: Nevada Prohibits “Defense Inside the Limits” Liability Insurance Provisions,” Clyde & Co, 2023
• Co-author, “Nevada Prohibits “Defense Inside the Limits” Liability Insurance Provisions,” Clyde & Co, 2023
• “Drop Down Liability of Excess Insurers for Insolvent Primary Carriers: The Search for Uniformity in Judicial Interpretation of Excess Insurance Policies,” Arizona Law Review, vol. 33, 1991