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CAVALLO v. PHOENIX HEALTH PLANS, INC.

No. CV-21-0051-PR.

518 P.3d 759 (2022)

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

Supreme Court of Arizona.

Filed October 20, 2022.

Attorney(s) appearing for the Case

Steven C. Dawson (argued), Anita Rosenthal , Aaron Dawson , Sander Dawson , Dawson & Rosenthal, P.C., Sedona, Attorneys for Matthew and Jocelyn Cavallo.

Michael W. Sillyman , Paul S. Gerding, Jr. , Jonathan S. Schultz (argued), Jeffrey M. Giancana , Kutak Rock LLP, Scottsdale, Attorneys for Phoenix Health Plans, Inc.

Erin Rose Ronstadt , Ronstadt Law, PLLC, Phoenix, Peter S. Sessions , Kantor & Kantor LLP, Northridge, California, Attorneys for Amicus Curiae United Policyholders.

David L. Abney , Ahwatukee Legal Office, P.C., Phoenix, Attorney for Amici Curiae for Arizona Association for Justice and Arizona Trial Lawyers Association.

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

¶1 This case requires us to evaluate whether the trial court erred in instructing the jury on waiver and mitigation of damages in the trial of a tort claim for first-party insurance bad faith.1 We hold the waiver instruction was improperly...

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