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MILLAR v. STATE FARM FIRE AND CAS. CO.

No. 2 CA-CV 90-0063.

167 Ariz. 93 (1990)

804 P.2d 822

Bruce E. MILLAR, Plaintiff/Appellee, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant/Appellant.

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

Review Granted in Part and Denied in Part February 20, 1991.

Attorney(s) appearing for the Case

Horvitz & Levy by Peter Abrahams and Kathy L. Eldredge, Encino, Cal., and Bury, Moeller, Humphrey & O'Meara by David C. Bury and Anna L. Torriente, Tucson, for defendant/appellant.

Payne and Harper, P.C. by John A. Harper, Green Valley, for plaintiff/appellee.

OPINION

HOWARD, Judge.

This is an appeal from the granting of Millar's motion for summary judgment and a cross-appeal by Millar from the trial court's granting of a partial summary judgment in State Farm's favor on the issue of bad faith.

FACTS AND PROCEDURE

Millar's home was damaged when the soil beneath it collapsed due to water which had escaped from a broken automatic sprinkler system. An inspection by a soils engineer revealed that the...

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