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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
MEMORANDUM DECISION
Judge Randall M. Howe delivered the decision of the Court, in which
Presiding Judge Kenton D. Jones and Judge Donn Kessler joined.
H O W E, Judge:
1
Elena Noguero appeals several of the trial courts evidentiary
rulings during her jury trial against American Family Mutual Insurance
Company (American Family). Noguero also appeals the trial courts
denial of her motion for judgment notwithstanding the verdict. For the
following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
2
After a 2008 monsoon, Noguero made a claim with American
Family, her homeowners insurance carrier, for water damage caused by
water coming through the windows. An American Family adjuster
inspected the home and found some water damage to areas of drywall but
concluded that neither the windows nor the roof had storm-related
damage. Thus, the adjuster determined that because the damages to
Nogueros home were not related to the storm, her insurance policy did not
cover them. However, Noguero continued to report and file claims for
water damage in her home over the next couple of years, but after each
subsequent re-inspection American Family concluded that the damage was
not storm-related and denied Nogueros claims. In 2010, Noguero filed a
separate claim for damages relating to a hail storm.
3
In 2011, Noguero sued American Family for breach of
contract and breach of the covenant of good faith and fair dealing, alleging
that American Family did not fully pay or properly adjust her claims
relating to the 2008 and 2010 storms and caused delay in the repair of her
home. Noguero also alleged that as a result of the consistent water damage,
her home began to grow mold. Noguero sought actual and punitive
damages, declarative relief, and attorneys fees.
4
After two years of discovery and pre-trial motions, the trial
court granted the parties joint scheduling order in August 2013. The order
stipulated that the deadline for all non-expert disclosures would be
September 10, 2013, and the deadline for all discovery would be November
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