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ZILISCH v. STATE FARM MUTUAL AUTO. INS. CO.

No. CV-98-0535-PR.

995 P.2d 276 (2000)

196 Ariz. 234

Kimberly K. ZILISCH, a single person, Plaintiff-Appellant, Cross Appellee. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Arizona corporation, Defendant-Appellee, Cross Appellant.

Supreme Court of Arizona, En Banc.

March 3, 2000.

Attorney(s) appearing for the Case

Thur & O'Sullivan By Calvin C. Thur, Scottsdale, and Dawson & Rosenthal By Steven C. Dawson, Phoenix, Attorneys for Kimberly K. Zilisch.

The Cavanagh Law Firm By Ralph E. Hunsaker, Christopher Robbins, Phoenix, Attorneys for State Farm Mutual Automobile Insurance Company.

Anderson Kill & Olick, New York, By David A. Paige (formerly with Anderson Kill & Olick now with Quarles & Brady), Phoenix, and Eugene R. Anderson, New York, Attorneys for Amicus Curiae Consumer Federation of America.

Treon, Strick, Lucia & Aguirre By Arthur G. Newman, Jr., Phoenix, Attorneys for Amicus Curiae United Policyholders.

The Langerman Law Offices By Amy G. Langerman, Richard W. Langerman, Phoenix, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.

Law Offices of John L. Tully By John L. Tully, Barbara S. Burstein, Tucson, Attorneys for Amicus Curiae Foundation for Taxpayer and Consumer Rights.

Broening, Oberg, Woods, Wilson & Cass By James R. Broening, David S. Shughart, III, Phoenix, Attorneys for Amicus Curiae Farmers Insurance of Arizona.

OPINION

MARTONE, Justice.

¶ 1 We granted review in this first-party bad faith case to sort out the relationships among (1) the absence of a reasonable basis for denying a claim, (2) fair debatability, (3) who gets to decide (judge or jury), and (4) evidence of improper claims practices.

I.

¶ 2 Zilisch, a passenger in a car driven by her fiancé, was struck by a teenage dragracer. ...

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