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CAVALLO v. PHOENIX HEALTH PLANS, INC.

No. 1 CA-CV 20-0167.

482 P.3d 404 (2021)

Matthew CAVALLO, et al., Plaintiffs/Appellants, v. PHOENIX HEALTH PLANS, INC., Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

Filed February 23, 2021.

Attorney(s) appearing for the Case

Dawson & Rosenthal, P.C., Sedona By Steven C. Dawson (argued), Anita Rosenthal , Sander Dawson , and Aaron Dawson , Counsel for Plaintiff/Appellant.

Kutak Rock LLP, Scottsdale By Michael W. Sillyman , Paul S. Gerding, Jr. , Jonathan S. Schultz (argued), and Jeffrey M. Giancana , Counsel for Defendant/Appellee.

Presiding Judge Paul J. McMurdie delivered the Court's opinion, in which Judge Cynthia J. Bailey and Judge Lawrence F. Winthrop joined.

OPINION OF THE COURT

¶1 Matthew and Jocelyn Cavallo (the "Cavallos") appeal from a jury verdict in favor of Phoenix Health Plans, Inc. ("Phoenix Health") on their claim for insurance bad faith. We affirm the judgment and hold that: (1) an insurer sued for bad faith may assert a limited contract-based defense to show...

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