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APOLLO EDUC. GROUP v. NAT. UNION FIRE INS.

No. CV-19-0229-CQ.

480 P.3d 1225 (2021)

APOLLO EDUCATION GROUP, INC., fka Apollo Group, Inc., Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania Corporation, Defendant-Appellee.

Supreme Court of Arizona.

Filed February 17, 2021.

Attorney(s) appearing for the Case

Mark J. DePasquale , Mark J. DePasquale, P.C., Phoenix; Mark S. Hersh , Reed Smith, LLP, Chicago, IL; and Douglas E. Whitney , Douglas Whitney Law Offices, LLC, Chicago, IL, Attorneys for Apollo Education Group, Inc.

Bennett Evan Cooper , Vail C. Cloar , Dickinson Wright, PLLC, Phoenix; and Timothy M. Strong , Steptoe & Johnson, LLP, Washington, DC, Attorneys for National Union Fire Insurance Company of Pittsburgh, PA.

David L. Abney , Ahwatukee Legal Office, P.C., Phoenix, Attorney for Amicus Curiae United Policyholders.

JUSTICE BOLICK authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BEENE, and MONTGOMERY joined. JUSTICES GOULD and LOPEZ dissented.

¶1 The United States Court of Appeals for the Ninth Circuit certified the following question to this Court: "What is the standard for determining whether National Union unreasonably withheld consent to Apollo's settlement with shareholders in breach of contract under a policy where the insurer has no duty...

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