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S & S PAVING AND CONST. v. BERKLEY REGIONAL

No. 1 CA-CV 15-0239.

372 P.3d 1036 (2016)

239 Ariz. 512

S & S PAVING AND CONSTRUCTION, INC., an Arizona corporation, Plaintiff/Appellant, v. BERKLEY REGIONAL INSURANCE COMPANY, a Delaware corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

May 12, 2016.

Attorney(s) appearing for the Case

Carmichael & Powell, P.C. By Trysta M. Puntenney , David J. Sandoval , Phoenix, Counsel for Plaintiff/Appellant.

Jennings, Haug & Cunningham, LLP By Chad L. Schexnayder , Robert John Lamb , Phoenix, Counsel for Defendant/Appellee.

Judge MARGARET H. DOWNIE delivered the opinion of the Court, in which Presiding Judge ANDREW W. GOULD and Judge JOHN C. GEMMILL joined.

OPINION

¶ 1 S & S Paving and Construction, Inc. ("S & S") appeals the dismissal of its bad faith claim against Berkley Regional Insurance Company ("Berkley"). We hold that a surety on a payment bond issued under Arizona's "Little Miller Act" may not be sued for bad faith and therefore affirm the judgment of...

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