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EVEREST INDEM. INS. CO. v. REA

No. 1 CA-SA 14-0094.

342 P.3d 417 (2015)

EVEREST INDEMNITY INSURANCE COMPANY, a Delaware corporation, Petitioner, v. The Honorable John REA, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Rudolfo Bros. Plastering, Inc., an Arizona corporation; Western Agricultural Insurance Company, an Arizona corporation, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

January 15, 2015.

Attorney(s) appearing for the Case

Kunz Plitt Hyland & Demlong By Steven Plitt , Joshua D. Rogers , Steven J. Gross , Phoenix, Counsel for Petitioner.

Holm Wright Hyde & Hays, PLC By Kirk H. Hays , Jared M. Scarbrough , Phoenix, Counsel for Real Parties in Interest.

Presiding Judge JOHN C. GEMMILL delivered the opinion of the Court, in which Judge PETER B. SWANN joined. Judge PATRICIA A. OROZCO dissented.

OPINION

¶ 1 The issue presented in this special action is whether Petitioner Everest Indemnity Insurance Company has impliedly waived the attorney-client privilege by asserting subjective good faith as a defense in this bad faith case. For the reasons that follow, we accept special action jurisdiction and grant relief...

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