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STATE FARM MUT. AUTO. INS. v. PEATON

No. 1 CA-CV 88-557.

168 Ariz. 184 (1990)

812 P.2d 1002

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellant, Cross Appellee, v. Judy Sue PEATON, an individual; Deborah Hoffman, individually and as conservator/guardian ad litem for Joseph S. Wheeler, a minor; Larry L. Wheeler, father of Joseph S. Wheeler, an individual, Defendants-Appellees, Cross Appellants.

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

Review Denied July 10, 1991.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Steven D. Smith and Larry L. Smith, Phoenix, for plaintiff-appellant, cross appellee.

Crowe & Scott, P.A. by Paul M.B. de Blank, Phoenix, for defendants-appellees, cross appellants Hoffman & Wheeler.

Langerman, Begam, Lewis & Marks by Robert G. Begam, Phoenix, for defendant-appellee, cross appellant Peaton.

OPINION

JACOBSON, Judge.

The primary issue in this appeal is whether an insured whose insurer has offered its policy limits to an injured plaintiff is absolutely entitled to enter into a "Damron"1 agreement with the plaintiff against the wishes of the insurer.

State Farm Mutual Automobile Insurance Company appeals from a summary judgment in which the trial court declared that...

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