FRANKS v. UNITED STATES FIDELITY & GUAR. CO.

No. 1 CA-CIV 7012.

149 Ariz. 291 (1985)

718 P.2d 193

Walter L. FRANKS and Edwina Franks, husband and wife, Plaintiffs-Appellants, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a foreign corporation, Defendant-Appellee.

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

December 19, 1985.


Attorney(s) appearing for the Case

Thur, Dawson & O'Sullivan by Steven C. Dawson, Calvin C. Thur, Scottsdale, for plaintiffs-appellants.

Jennings, Kepner & Haug by Craig R. Kepner, Julia C. Attwood, Phoenix, for defendant-appellee.


OPINION

GRANT, Judge.

The plaintiffs-appellants, Walter and Edwina Franks (Franks), filed a complaint for breach of duty of good faith and fair dealing against the defendant-appellee, United States Fidelity & Guaranty Company (USF & G). USF & G filed a motion to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim on which relief could be granted. The trial court granted the motion to dismiss based upon...

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