AETNA CAS. AND SUR. v. SUPERIOR COURT

No. 1 CA-SA 88-266.

161 Ariz. 437 (1989)

778 P.2d 1333

The AETNA CASUALTY AND SURETY COMPANY, a Connecticut corporation, Petitioner, Cross-Real Party in Interest, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable William P. Sargeant III, a judge thereof, Respondent Judge, Tina GORDINIER, Real Party in Interest, Cross-Petitioner.

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

Review Denied September 19, 1989.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Thomas J. Shorall Jr., William J. Downey, Phoenix, for petitioner Aetna Cas. and Sur. Co.

Law Offices of Frederick C. Creasy Jr. by Frederick Creasy Jr., David W. Hume, Scottsdale, for cross-petitioner/real party in interest Tina Gordinier.


OPINION

HAIRE, Judge.

Petitioner, The Aetna Casualty and Surety Company, ("the insurance company") has filed this special action petition seeking review of the trial court's denial of its motion for summary judgment on Tina Gordinier's ("the plaintiff") breach of contract and bad faith claims against it. The insurance company contends that as a matter of law its conduct cannot constitute bad faith because it had...

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