VALDEZ v. ALLSTATE INS. CO.

No. 03-16253.

372 F.3d 1115 (2004)

Leticia VALDEZ, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation; Allstate Indemnity Co., an Illinois corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2004.


Attorney(s) appearing for the Case

Wayne C. Arnett, Arnett & Arnett, Tempe, AZ, for the plaintiff/appellant.

Keith B. Forsyth, Herman, Goldstein & Forsyth, Phoenix, AZ, for the defendants/appellees.

Before J. CLIFFORD WALLACE, ALEX KOZINSKI, and SIDNEY R. THOMAS, Circuit Judges.


WALLACE, Senior Circuit Judge:

Leticia Valdez appeals from a summary judgment granted in favor of Allstate Insurance Company (Allstate) on her claim under Arizona tort law for breach of the duty of good faith and fair dealing. Because the record does not indicate whether the district court properly exercised diversity jurisdiction, we remand.

I.

On December 22, 1997, Valdez's automobile collided with a...

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