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PRUETT v. FARMERS INS. CO. OF ARIZONA

No. 1 CA-CV 91-0070.

175 Ariz. 447 (1993)

857 P.2d 1301

Kristy PRUETT, a single person, Plaintiff-Appellant, v. FARMERS INSURANCE COMPANY OF ARIZONA, an Arizona corporation, Defendant-Appellee.

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

Reconsideration Denied April 16, 1993.

Petition and Cross-Petition for Review Denied September 21, 1993.

Attorney(s) appearing for the Case

Gene G. Gulinson, Ltd. by Gene G. Gulinson and Chris A. Gulinson and Plattner Verderame, P.C. by Richard S. Plattner, Phoenix, for plaintiff-appellant.

Broening, Oberg & Woods, P.C. by James R. Broening and Neal B. Thomas, Phoenix, for defendant-appellee.

OPINION

CLABORNE, Presiding Judge.

This is a third-party bad faith action involving the "household exclusion" in an insurance policy. The insurer had refused to settle a personal injury claim with the injured party for any more than the statutory minimum, relying on an Arizona Supreme Court case which held that the household exclusion was unenforceable to the extent of the statutory minimum coverage, but enforceable beyond that amount.

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