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LOZIER v. AUTO OWNERS INS. CO.

No. 90-16597.

951 F.2d 251 (1992)

Rosemary LOZIER, Plaintiff-Appellee, v. AUTO OWNERS INSURANCE CO., a Michigan Corporation, Defendant-counter-claimant-Appellant; Wilbur McDonald; Mary Lou McDonald, Counter-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 19, 1991.

As Amended on Denial of Rehearing January 24, 1992.

Attorney(s) appearing for the Case

Paul G. Ulrich, William A. Downey, Rake, Copple, Downey & Black, Phoenix, Ariz., for defendant-counter-claimant-appellant.

Michael R. Murphy, Toci, Murphy, Lutey & Beck, Prescott, Ariz., John J. Bouma, Snell & Wilmer, Phoenix, Ariz., for plaintiff-appellee.

Before CHAMBERS, TANG and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Rosemary Lozier and Wilbur McDonald were involved in a car accident, and Lozier was severely injured. McDonald's insurer, Auto Owners Insurance Company ("Auto Owners"), mishandled the claim. Pursuant to Arizona law, McDonald assigned to Lozier his bad-faith and contract claims against Auto Owners. Lozier sued Auto Owners on those claims. Sitting without a jury, the district court entered judgment of $3.5 million for Lozier. Auto Owners appeals...

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