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(DOWNLOAD) "Miel v. State Farm Mutual Automobile Insurance Co." by Arizona Court of Appeals * eBook PDF Kindle ePub Free

Miel v. State Farm Mutual Automobile Insurance Co.

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eBook details

  • Title: Miel v. State Farm Mutual Automobile Insurance Co.
  • Author : Arizona Court of Appeals
  • Release Date : January 12, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

Opinion KLEINSCHMIDT, Judge Denise Miel was injured in an automobile accident caused by Greg McKenzie's negligence. McKenzie was insured by State Farm Mutual Automobile Insurance Company. State Farm failed to settle the case for the policy limits, exposing McKenzie to a judgment in excess of those limits. Miel, as McKenzie's assignee, sued State Farm for bad faith after it failed to settle her claim. The jury returned a verdict in favor of Miel on her bad faith claim, and State Farm has appealed, contesting various rulings of the trial court. Miel has cross-appealed, seeking review of the trial court's dismissal of her negligence claim against State Farm and its claim representative. We reverse because the trial court failed to instruct the jury that mistake alone would not constitute bad faith and because the trial Judge did not allow the insurance company to question why the Plaintiff and her attorney insisted on adhering to the settlement deadline. On the cross-appeal, we hold that the careless handling of the claim did not give rise to a cause of action against the insurance company for negligence. FACTS AND PROCEDURAL HISTORY


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