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SECURITY TITLE AGENCY, INC. v. POPE

No. 1 CA-CV 07-0272.

200 P.3d 977 (2008)

SECURITY TITLE AGENCY, INC., an Arizona corporation, Plaintiff/Appellant-Cross Appellee, v. Linda Lorene POPE and Thomas E. Pope, husband and wife, Defendants/Appellees, and First American Title Insurance Company, a California corporation, Defendant/Appellee-Cross Appellant.

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

Review Denied January 6, 2009.

Attorney(s) appearing for the Case

Hahn Loeser & Parks LLP by Steven A. Goldfarb, Andrew S. Pollis, Cleveland, and Fennemore Craig, P.C. by Timothy Berg, Janet Weinstein, Phoenix, Attorneys for Appellant-Cross Appellee Security Title Agency, Inc.

The Cavanagh Law Firm, P.A. by Jeffrey B. Smith, Phoenix, Attorneys for Appellees Linda Lorene and Thomas E. Pope.

Bryan Cave LLP by Lawrence G. Scarborough, J. Alex Grimsley, James D. Smith, Meridyth M. Andresen, Phoenix, Attorneys for Appellee-Cross Appellant First American Title Insurance Company.

JOHNSEN, Presiding Judge.

¶ 1 At issue in this appeal are whether the superior court erred in refusing to grant judgment as a matter of law ("JMOL") to First American Title Insurance Company ("First American") on a claim for aiding and abetting a breach of fiduciary duty brought by Security Title Agency, Inc. ("Security Title") and whether the court erred in setting aside a $35 million punitive damages award against First American. We conclude sufficient evidence...

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