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TWIN CITY FIRE INS. CO. v. BURKE

No. CV-01-0262-PR.

63 P.3d 282 (2003)

204 Ariz. 251

TWIN CITY FIRE INSURANCE COMPANY, a foreign corporation, Petitioner, v. The Honorable Edward O. BURKE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, General Star Indemnity Company, a foreign corporation, General Star Management Company, a foreign corporation, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

February 18, 2003.

Attorney(s) appearing for the Case

Law Offices of Neil Vincent Wake, by: Neil Vincent Wake, Linda D. Skon and Sanders & Parks, P.C. by: Garrick L. Gallagher, Steven D. Leach, Eileen Sigmund, Phoenix, Attorneys for Twin City Fire Insurance Company.

Jennings, Strouss & Salmon, P.L.C. by: John J. Egbert, W. Michael Flood, David B. Earl, Phoenix, Attorneys for General Star Indemnity Company and General Star Management Company.

OPINION

FELDMAN, Justice (retired).

¶ 1 This matter arises from a bad faith action brought by an excess liability insurer against the primary carrier for the latter's failure to settle a wrongful death case within the primary carrier's policy limit. Over objections as to the attorney-client privilege, the trial judge granted a motion to compel the excess insurer to produce certain documents and respond to interrogatories pertaining to monitoring and...

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