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JAMES RIVER INS. CO. v. HEBERT SCHENK, P.C.

No. 06-15622.

519 F.3d 917 (2008)

JAMES RIVER INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellee, v. HEBERT SCHENK, P.C., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2008.

Attorney(s) appearing for the Case

Steven Plitt and Joshua D. Rogers, Kunz Plitt Hyland Demlong & Kleinfeld, Phoenix, AZ, for the defendant-appellant.

Martha E. Gibbs, Snell & Wilmer LLP, Phoenix, AZ, for the plaintiff-appellee.

OPINION

MILAN D. SMITH, JR., Circuit Judge:

In this appeal we decide whether the district court erred in granting summary judgment to a professional liability insurer on a claim seeking a declaration of no coverage, and on counterclaims for breach of contract and bad faith under Arizona law. The insurer argued that it could permissibly refuse to provide for its insured's defense against a legal malpractice lawsuit because the insured failed to mention the...

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