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HOLGUIN v. AETNA CAS. & SUR. INS. CO.

No. 2 CA-CIV 5737.

156 Ariz. 9 (1986)

749 P.2d 918

Anna M. HOLGUIN, a minor, By and Through her next best friend, Anita HOLGUIN, Plaintiffs/Appellants, v. AETNA CASUALTY AND SURETY INSURANCE COMPANY, a Connecticut Corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

As Amended October 29, 1986.

Reconsideration Denied December 5, 1986.

Review Denied January 12, 1988.

Attorney(s) appearing for the Case

Norman R. Freeman, II, Tucson, for plaintiffs/appellants.

Donald Estes, Tucson, for defendant/appellee.

OPINION

BIRDSALL, Judge.

This is an appeal from judgment in favor of appellee Aetna Casualty and Surety Company (Aetna) in an action for breach of contract and bad faith failure to settle. Following a court trial, the court entered findings of facts and conclusions of law holding that the Aetna insurance policy at issue was not in effect at the time of the accident. We agree with the trial court and affirm.

The necessary facts are as follows. In October...

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