Progressive Specialty Ins. v. Farmers Ins., 694 P.2d 835 (Ariz. Ct. App. 1985). · Go Syfert
Progressive Specialty Ins. v. Farmers Ins., 694 P.2d 835 (Ariz. Ct. App. 1985). Cases Citing This Book View Copy Cite
63 citation events (51 in the last 25 years) across 2 distinct courts.
Strongest positive: Tms v. Zachariah (arizctapp, 2021-04-15) · Strongest negative: Preferred Risk Mutual Insurance v. Vargas (arizctapp, 1988-05-03)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited "but see" Preferred Risk Mutual Insurance v. Vargas (2×)
Ariz. Ct. App. · 1988 · signal: but cf. · confidence high
But cf. Progressive Specialty Insurance v. Farmers Insurance, 143 Ariz. 547 , 694 P.2d 835 (App.1984 [1985]).
discussed Cited as authority (verbatim quote) Tms v. Zachariah
Ariz. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is not an appellate court's function to declare principles of law which cannot have any practical effect in settling the rights of litigants.
discussed Cited as authority (verbatim quote) Tms v. Zachariah
Ariz. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
it is not an appellate court's function to declare principles of law which cannot have any practical effect in settling the rights of litigants.
examined Cited as authority (verbatim quote) Origami v. Connelly (2×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2015 · quote attribution · 2 verbatim quotes · confidence high
it is not an appellate court's function to declare principles of law which cannot have any practical effect in settling the rights of litigants.
discussed Cited as authority (rule) Rezoana v. Lavey
Ariz. Ct. App. · 2026 · confidence medium
Co., 143 Ariz. 547, 548 (App. 1985) (explaining appellate courts should not decide questions unnecessary to disposition of appeal).
discussed Cited as authority (rule) Barrett v. Landmark
Ariz. Ct. App. · 2024 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985) (explaining appellate courts should not decide questions unnecessary to the disposition of the appeal).
discussed Cited as authority (rule) Chavez v. State
Ariz. Ct. App. · 2023 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 2014) (stating an appeals court should not "decide issues unless it is required to do so in order to dispose of the appeal under consideration"). ¶14 A valid notice of claim must contain "a specific amount for which the claim can be settled and the facts supporting that amount." A.R.S. § 12-821.01(A); Deer Valley Unified Sch.
discussed Cited as authority (rule) Smith v. Burnett
Ariz. Ct. App. · 2023 · confidence medium
Co., 143 Ariz. 547, 548 (App. 1985) (noting appellate courts should not decide questions unnecessary to disposition of appeal). 7 SMITH v. BURNETT Decision of the Court CONCLUSION ¶21 For these reasons, we affirm the superior court’s order of protection against Burnett.
discussed Cited as authority (rule) Tp Racing v. Adog
Ariz. Ct. App. · 2022 · confidence medium
Co., 143 Ariz. 547, 548 (App. 1985) (Appellate courts generally should not decide questions unnecessary to the disposition of the appeal.). 7 TP RACING v. ADOG, et al.
discussed Cited as authority (rule) Truck v. Teixidor
Ariz. Ct. App. · 2021 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985) (noting that appellate courts should not give advisory opinions or decide issues other than those required to dispose of appeal under consideration); see also Allen v. Graham, 8 Ariz.App. 336, 338 (1968) ("Appellate review is circumscribed by the posture of the case in the lower court."). ¶62 We likewise decline to consider Patisserie's eight arguments that Truck Insurance waived this issue through its conduct at the first trial.
cited Cited as authority (rule) Gregory Real v. Keegan
Ariz. Ct. App. · 2021 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985).
discussed Cited as authority (rule) Love v. Love
Ariz. Ct. App. · 2020 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985). ¶10 Here, granting the relief Mother seeks—reconsideration of the superior court’s legal decision-making and parenting-time order—would no longer serve any purpose given two events that occurred while this appeal was pending.
discussed Cited as authority (rule) State v. Rocco
Ariz. Ct. App. · 2020 · confidence medium
Co., 143 Ariz. 547, 548 (App. 1985) (appellate courts should not give advisory opinions or decide questions not essential for resolution of the issues on appeal).
discussed Cited as authority (rule) Hiskett v. Hon. lambert/state
Ariz. Ct. App. · 2019 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985) (recognizing that appellate courts should not give advisory opinions or decide issues unnecessary to the disposition of an appeal).
discussed Cited as authority (rule) Magnotta v. Serra
Ariz. Ct. App. · 2018 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985); see also State v. Bernini, 220 Ariz. 536, 539, ¶ 10 (App. 2009). ¶14 Serra next contends the court erred in ordering the temporary injunction because it lacks the specificity necessary to “ascertain . . . exactly what conduct is proscribed.” Rule 65(d) requires every order granting an injunction to state the reasons why it was issued, state its terms specifically, and describe “in reasonable detail,” and not by reference to the complaint or other document, the act or acts to be restrained.
cited Cited as authority (rule) Boyilla v. Boyilla
Ariz. Ct. App. · 2017 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985)).
cited Cited as authority (rule) Dlr v. O'Neil
Ariz. Ct. App. · 2017 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985); see also State v. Bernini, 220 Ariz. 536, 539, ¶ 10 (App. 2009).
discussed Cited as authority (rule) First v. Sunnyslope
Ariz. Ct. App. · 2016 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App. 1985) (An opinion is advisory only if it “declare[s] principles of law which cannot have any practical effect in settling the rights of litigants.”).
discussed Cited as authority (rule) Berndt v. Arizona Department of Corrections (2×)
Ariz. Ct. App. · 2015 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985) (declining request to provide guidance on principles of law unnecessary in settling the rights of the litigants). 5 BERNDT v. ADOC et al.
discussed Cited as authority (rule) Phoenix Cement v. Yavapai
Ariz. Ct. App. · 2015 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 (App. 1985) (explaining that appellate courts should not decide issues unless they are “required to do so in order to dispose of the appeal”). 14 The penalties for tax years 2010 and 2011 were $3,536,566 and $3,042,395, respectively. 12 PHOENIX CEMENT v. YAVAPAI Decision of the Court (explaining that the penalty only applies “when the taxpayer fails to prepare and deliver a list of property”).15 ¶35 The tax court also assessed sixteen percent interest on the taxes arising from the escaped property pursuant to A.R.S. § 42-18053.
cited Cited as authority (rule) Kondaur Capital Corp. v. Pinal County
Ariz. Ct. App. · 2014 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985).
discussed Cited as authority (rule) Freeport McMoran Corp. v. Langley Eden Farms, LLC
Ariz. Ct. App. · 2011 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985). ¶ 16 Also at oral argument, as to the nuisance and invasion claim, Langley stated it had brought those claims as compulsory counterclaims to Freeport’s declaratory judgment action.
discussed Cited as authority (rule) Freeport McMoran Corporation v. Langley Eden Farms, LLC
Ariz. Ct. App. · 2011 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App. 1985). ¶16 Also at oral argument, as to the nuisance and invasion claim, Langley stated it had brought those claims as compulsory counterclaims to Freeport‟s declaratory judgment action.
cited Cited as authority (rule) In Re Martin M.
Ariz. Ct. App. · 2009 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985) (appellate court should not decide issues other than those required to dispose of appeal under consideration).
discussed Cited as authority (rule) In Re Martin M. and Rene N.
Ariz. Ct. App. · 2009 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App. 1985) (appellate court should not decide issues other than those required to dispose of appeal under consideration). 10
discussed Cited as authority (rule) State of Arizona v. Daughters-White
Ariz. Ct. App. · 2009 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App. 1985) (appellate court should not give advisory opinions or decide issues other than those required to dispose of appeal under consideration).
discussed Cited as authority (rule) State v. Bernini
Ariz. Ct. App. · 2009 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985) (appellate court should not give advisory opinions or decide issues other than those required to dispose of appeal under consideration).
cited Cited as authority (rule) Stonecreek Bldg. Co., Inc. v. Shure
Ariz. Ct. App. · 2007 · confidence medium
Co. of Ariz., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985). 4 .
cited Cited as authority (rule) Golonka v. General Motors Corp.
Ariz. Ct. App. · 2003 · confidence medium
Co. of Arizona, 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985) (holding appellate court should refrain from giving advisory opinions).
cited Cited as authority (rule) Hill v. Chubb Life American Insurance
Ariz. · 1995 · confidence medium
Co., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985).
discussed Cited as authority (rule) State v. Milke
Ariz. · 1993 · confidence medium
Co., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985) (noting that appellate courts should not decide questions that have no practical effect on litigants’ rights or that are unnecessary to disposition of appeal).
discussed Cited "see" Safeway Insurance v. Collins (2×)
Ariz. Ct. App. · 1998 · signal: see · confidence high
See Progressive Specialty Insurance Co. v. Farmers Insurance Co., 143 Ariz. 547, 548 , 694 P.2d 835, 836 (App.1985).
Retrieving the full opinion text from the archive…
PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff/Appellee,
v.
FARMERS INSURANCE COMPANY of ARIZONA, Defendant/Appellant
2 CA-CIV 5175.
Court of Appeals of Arizona.
Jan 4, 1985.
694 P.2d 835
1985 Ariz. App. LEXIS 448
Bury & Moeller by Marshall Humphrey, III, Tucson, for plaintiff/appellee., Chandler, Tullar, Udall & Redhair by D.B. Udall and John W. McDonald, Tucson, for defendant/appellant.
Howard, Hathaway, Birdsall.
Cited by 35 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Court of Appeals of Arizona (1)

OPINION

HOWARD, Judge.

This is an appeal from a declaratory judgment involving the effect of a release. On May 7, 1982, Patrick Hoban was operating a vehicle when it was involved in an accident with a motorcycle operated by Thomas Whatton. Hoban was insured by Mid-Century Insurance Company/Farmers Insurance Company of Arizona (Farmers) and had policy limits of $15,000 per person. Whatton was insured by Progressive Casualty Insurance Company (Progressive) and his policy had underinsured motorist coverage. Whatton made a claim against Farmers for his injuries and Farmers settled for the policy limits of $15,000, which it paid. It also sent Whatton a standard release which Whatton altered by adding the following language, “[T]his release shall not affect in any way or prejudice [TJhomas Whatton’s right to make and perfect an ‘under insured’ motorist claim persuant [sic] to his own insurance policy.” What-ton then made a claim against Progressive under the underinsured motorist coverage.

Progressive then brought this action alleging that Farmers claimed the release was a full and complete release, that What-ton claimed it was not, and that if the release were full and complete, then Progressive was relieved from paying Whatton under the underinsured motorist provision because Whatton would have violated the policy provisions by signing a release which prevented Progressive from pursuing its subrogation rights against Hoban.

The case was heard by the trial court, which entered a judgment declaring that the release was not full and complete but rather reserved Progressive’s subrogation rights against Hoban. The trial court also declared that Progressive had subrogation rights against Hoban pursuant to A.R.S. § 20-259.01, effective July 25, 1982.

[*548] The first question presented is what language should be contained in a release signed in favor of the tortfeasor when the claimant intends to make a claim for under-insured motorist coverage from his carrier?

As can be seen from the question, appellant does not contend that the trial court erred in its holding as to the release but instead, invites us to give some guidance to the legal community as to how to frame the language of the release in such instances. Appellant makes several suggestions and says: “This court should declare the proper way to handle this matter by release or otherwise.” We decline to do so. It is not an appellate court’s function to declare principles of law which cannot have any practical effect in settling the rights of litigants. See Marsh v. Hawkins, 7 Ariz.App. 226, 437 P.2d 978 (1968). Nor •should an appellate court give advisory opinions, Wiederanders v. Wiederanders, 187 N.W.2d 74 (N.D.1971), or decide issues unless it is required to do so in order to dispose of the appeal under consideration. Vigil v. Herman, 102 Ariz. 31, 424 P.2d 159 (1967).

The next question concerns the 1982 amendment to A.R.S. § 20-259.01 which provides:

“G. Insurers who make payments for damages to insureds under the uninsured and underinsured requirements of this section may subrogate and sue for reimbursement of the total amount of said payment in the name of the insured against any uninsured or underinsured motorist responsible for the damages to the insured.
H. Any common law prohibition against assignments of causes of action for personal injuries is abrogated to the extent provided in section G of this section.”

Since the accident happened on May 7, 1982, and the amendments to the statute did not become effective until after the accident, appellant claims that the trial court erred in holding the statute applicable to Progressive’s policy, arguing that to do so wrongfully gave retroactive effect to the statute. We do not agree. Progressive has not made payment yet to Whatton. It will do so sometime after the date of the accident. The date of the accident has no legal significance in this subrogation claim. Under the statute, the event which gives a right of subrogation is payment by the insurer for damages to the insured under the uninsured and underinsured requirements of the law. Since the legally significant event will take place after the date of the amendments, the amendments are clearly applicable.

Affirmed.

HATHAWAY, J., and BIRDSALL, C.J., concur.