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DRUG, COSMETIC & BEAUTY TRADES SERV., INC. v. McFATE

No. 1 CA-CIV 1526.

14 Ariz. App. 7 (1971)

480 P.2d 30

DRUG, COSMETIC AND BEAUTY TRADES SERVICE, INC., Petitioner, v. Honorable Yale McFATE, Judge of the Superior Court of Arizona, Maricopa County, and Elizabeth Smagacz and Anthony Smagacz, Respondents.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 5, 1971.

Review Denied May 4, 1971.

Attorney(s) appearing for the Case

Browder, Gillenwater & Daughton, by Robert W. Browder, Phoenix, for petitioner.

Harrison, Strick, Myers & Singer, by Mark I. Harrison, Phoenix, for respondents Elizabeth Smagacz and Anthony Smagacz.

JACOBSON, Presiding Judge.

This special action arises out of litigation involving a claim by insured beauty salon operators (the respondents Smagacz) that their enterprise liability insurer wrongfully failed to settle a customer's claim within policy limits. The specific question now before us is whether the petitioner, a claims investigating and evaluating concern which was brought into the case by amendment to a complaint originally seeking relief only against the...

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