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STOUT v. STATE COMPENSATION FUND

No. 1 CA-CV 98-0652.

3 P.3d 1158 (2000)

197 Ariz. 238

Debbie STOUT, individually, and on behalf of Logan Stout and the Estate of Todd Stout, and Ray Stout and Pat Stout, Plaintiffs, Counterdefendants-Appellants, v. STATE COMPENSATION FUND, Defendant, Counterclaimant-Appellee.

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

February 8, 2000.

Attorney(s) appearing for the Case

The Langerman Law Offices, P.A. by Richard W. Langerman and Amy G. Langerman, Phoenix, for Appellants.

Teilborg, Sanders & Parks, P.C. by James A. Teilborg and Mark G. Worischeck, Phoenix, for Appellee.

OPINION

THOMPSON, Presiding Judge.

¶ 1 This appeal presents several issues relating to the lien rights of a workers' compensation carrier. Specifically, we are asked to decide whether equitable apportionment applies when a third-party claim is settled, what is encompassed in the carrier's duty of good faith and fair dealing when it is asked to approve a settlement with a third-party tortfeasor, to what extent recoveries by family members of the deceased...

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