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DEESE v. STATE FARM MUT. AUTO. INS. CO.

No. 1 CA-CV 88-540.

168 Ariz. 337 (1991)

813 P.2d 318

Deborah C. DEESE, Plaintiff-Appellee, Cross Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant, Cross Appellee.

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

June 25, 1991.

Attorney(s) appearing for the Case

Thur, Dawson & O'Sullivan by Calvin C. Thur and Steven C. Dawson, Scottsdale, for plaintiff-appellee, cross appellant.

O'Connor, Cavanagh, Anderson, Westover Killingsworth & Beshears, P.A. by Ralph E. Hunsaker and David M. Bell, Phoenix, for defendant-appellant, cross appellee.

OPINION

McGREGOR, Judge.

Deborah Deese (Deese) brought this action against State Farm Mutual Automobile Insurance Company (State Farm) after State Farm refused to pay a portion of medical benefits that Deese claimed were due under an insurance contract. The decisive issue on appeal is whether State Farm, having prevailed on Deese's claim for breach of contract, could be found liable for the tort of bad faith.

I.

Deese purchased an automobile...

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