No. 1 CA-CIV 3820.

122 Ariz. 198 (1979)

593 P.2d 948

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Appellant, v. Ted PAYNTER and Ada Paynter, his wife, Appellees.

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

April 10, 1979.

Attorney(s) appearing for the Case

Shimmel, Hill, Bishop & Gruender, P.C. by Charles A. Finch, Phoenix, for appellant.

Allen, McClennen & Fels by Robert H. Allen, Phoenix, for appellees.


SCHROEDER, Presiding Judge.

This is an action by the appellees, Ted Paynter and Ada Paynter, against State Farm Automobile Insurance Company (State Farm), Appellant, to recover under a judgment previously obtained by Ted Paynter against an insured of State Farm.

The previous judgment was obtained after State Farm refused to defend its insured. The insured admitted liability pursuant to an agreement in which Paynter agreed not to execute against...

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