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MUTUAL INS. CO. OF ARIZONA v. BODNAR

No. 1 CA-CV 88-574.

164 Ariz. 407 (1990)

793 P.2d 560

MUTUAL INSURANCE COMPANY OF ARIZONA, an Arizona corporation, Plaintiff-Counterclaim Defendant-Appellee, v. Thomas BODNAR, M.D., Defendant-Counterclaimant-Appellant,

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

May 31, 1990.

Attorney(s) appearing for the Case

Lewis and Roca by Roger W. Kaufman, Susan M. Freeman, Karen Carter Owens, Phoenix, for plaintiff-counterclaim defendant-appellee.

Burch & Cracchiolo, P.A. by Daryl Manhart, Phoenix, for defendant-counterclaimant-appellant.

OPINION

KLEINSCHMIDT, Judge.

Thomas Bodnar, M.D., appeals from summary judgment in favor of his medical malpractice liability insurer, Mutual Insurance Company of Arizona (MICA). The trial court found that MICA had no duty to pay a $702,000 default judgment in favor of John Goglia and against Bodnar. We find that MICA's failure to cooperate in Bodnar's efforts to negotiate an agreement to set aside the default judgment bars it from asserting its policy defenses...

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