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STATE COMPENSATION FUND v. SUPERIOR COURT

No. 1 CA-SA 97-0055.

948 P.2d 499 (1997)

190 Ariz. 371

STATE COMPENSATION FUND, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Brian R. Hauser, a judge thereof, Respondent Judge, ENERGCORP, INC., Real Party in Interest.

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

November 20, 1997.

Attorney(s) appearing for the Case

Korn Waterman & Simon, P.C. by Diana J. Simon, Edward Moomjian, II, Tucson, for Petitioner.

Marton and Hall, P.A. by Kraig J. Marton, Phoenix, and Law Offices of Arthur J. Levine, CPCU, ARM by Arthur J. Levine, Fullerton, CA, for Real Party in Interest.

OPINION

GRANT, Presiding Judge.

This special action arises from a civil action filed by EnerGCorp against the Arizona State Compensation Fund ("the State Fund") for bad faith and negligence in the method by which the State Fund marketed its policy, determined premiums, paid its dividends, and handled its claims. In its complaint, which did not comply with the notice-of-claim statute governing claims against public entities and was not filed within the one...

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