BOY v. FREMONT INDEM. CO.

1 CA-CIV 8644.

154 Ariz. 334 (1987)

742 P.2d 835

Bill BOY, a single man, Plaintiff-Appellant, v. FREMONT INDEMNITY COMPANY, a California corporation, Defendant-Appellee.

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

Review Denied September 22, 1987.


Attorney(s) appearing for the Case

Langerman, Begam, Lewis and Marks by Wendi A. Sorensen, Samuel Langerman, Amy Langerman, Richard Langerman, Phoenix, for plaintiff-appellant.

Jones, Skelton & Hochuli by Larry J. Cohen, William R. Jones, Phoenix, for defendant-appellee.


OPINION

KLEINSCHMIDT, Judge.

This is a review of the dismissal of a worker's claims against his employer's workers' compensation insurer. We conclude: 1) the insurer did not breach its duty to act in good faith when it refused to compromise its lien against any recovery the worker had against persons other than his employer who contributed to his injury; and 2) the Industrial Commission did not have exclusive jurisdiction, pursuant to A.R.S. § 23-1022...

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