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LLOYD v. STATE FARM

No. 1 CA-CV 91-0017.

176 Ariz. 247 (1992)

860 P.2d 1300

Virginia M. LLOYD and Willie Lee Lloyd, individually and as wife and husband, Plaintiff-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

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

Reconsideration Denied January 14, 1993.

Petition and Cross-Petition for Review Denied November 4, 1993.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Gary L. Stuart, Jay A. Fradkin, James M. Ackerman, Phoenix, for appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Ralph E. Hunsaker, Frank M. Fox, Christopher Robbins, Phoenix, for appellee.

OPINION

GERBER, Judge.

The main issue we are asked to determine in this appeal is the liability of an insurance company for assuming a defense when no policy coverage truly existed. In summary, we hold that an insurer's voluntary assumption of the duty to defend may give rise to a cause of action for derelictions in that defense even when there is no actual coverage.

FACTS

On April 12, 1986, Virginia Lloyd was struck by a midget...

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