bad faith tort claim (Arizona) · Go Syfert
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bad faith tort claim in Arizona

5 Arizona opinions name it 2 courts 1987–2026 1 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Deese v. State Farm Mutual Automobile Insurancegreen
ariz · 1992 · cited in 1 Arizona opinions naming this issue, 2001–2001
2 sentences

2001Co., 193 F.3d 742 , 751 n. 9 (3d Cir.1999) (“[T]he court’s determination that there was no potential coverage means that the insurer had good cause to refuse to defend.”); Deese, 172 Ariz. at 510 , 838 P.2d at 1271 (Martone, J., concurring in the judgment) (when “the contract claim is an essential element of the tort claim[,] ... then breach of contract is a prerequisite to the bad faith tort claim”; “if the defendant has not breached its contract with the plaintiff, then it had a reasonable basis to deny the claim”); Richardson v. Guardian Life Ins.

2001Co., 193 F.3d 742 , 751 n. 9 (3d Cir.1999) (“[T]he court’s determination that there was no potential coverage means that the insurer had good cause to refuse to defend.”); Deese, 172 Ariz. at 510 , 838 P.2d at 1271 (Martone, J., concurring in the judgment) (when “the contract claim is an essential element of the tort claim[,] ... then breach of contract is a prerequisite to the bad faith tort claim”; “if the defendant has not breached its contract with the plaintiff, then it had a reasonable basis to deny the claim”); Richardson v. Guardian Life Ins.

11
Richardson v. Guardian Life Insurance Co. of Americagreen
orctapp · 1999 · cited in 1 Arizona opinions naming this issue, 2001–2001
2 sentences

2001Co., 161 Or.App. 615 , 984 P.2d 917, 923 (1999) (finding “claim for bad faith denial of coverage ... foreclosed at the outset ... because there was no coverage”).

2001Co., 161 Or.App. 615 , 984 P.2d 917, 923 (1999) (finding “claim for bad faith denial of coverage ... foreclosed at the outset ... because there was no coverage”).

11
Burkons v. Ticor Title Ins. Co. of Cal.green
ariz · 1991 · cited in 1 Arizona opinions naming this issue, 2000–2000
2 sentences

2000Co., 168 Ariz. 345, 355 , 813 P.2d 710, 720 (1991)).

2000Co., 168 Ariz. 345, 355 , 813 P.2d 710, 720 (1991)).

11
Noble v. National American Life Insurancegreen
ariz · 1981 · cited in 1 Arizona opinions naming this issue, 1992–1992
2 sentences

1992Co., 128 Ariz. 188, 190 , 624 P.2d 866, 868 (1981), then proof of the contract claim is a prerequisite to the bad faith tort claim.

1992Co., 128 Ariz. 188, 190 , 624 P.2d 866, 868 (1981), then proof of the contract claim is a prerequisite to the bad faith tort claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Enyart v. Transamerica Insurance green
arizctapp · 1998
2 sentences

2000Id. ¶ 16 This court held that a bad faith tort claim may exist “if there is a ‘special relationship arising from elements of public interest, adhesion, and fiduciary responsibility.’ ” Id. at 76 , 985 P.2d at 561 (quoting Burkons v. Ticor Title Ins.

2000Id. ¶ 16 This court held that a bad faith tort claim may exist “if there is a ‘special relationship arising from elements of public interest, adhesion, and fiduciary responsibility.’ ” Id. at 76 , 985 P.2d at 561 (quoting Burkons v. Ticor Title Ins.

22000–2026
cluster 766400 green
ca3 · 1999
1 sentence

2001Co., 193 F.3d 742 , 751 n. 9 (3d Cir.1999) (“[T]he court’s determination that there was no potential coverage means that the insurer had good cause to refuse to defend.”); Deese, 172 Ariz. at 510 , 838 P.2d at 1271 (Martone, J., concurring in the judgment) (when “the contract claim is an essential element of the tort claim[,] ... then breach of contract is a prerequisite to the bad faith tort claim”; “if the defendant has not breached its contract with the plaintiff, then it had a reasonable basis to deny the claim”); Richardson v. Guardian Life Ins.

12001–2001
Rawlings v. Apodaca green
ariz · 1986
2 sentences

1992At the other extreme, where the claim of bad faith has nothing at all to do with the contract claim, as in Rawlings v. Apodaca, 151 Ariz. 149 , 726 P.2d 565 (1986), then proof of the contract claim is irrelevant to proof of the bad faith tort claim.

1992At the other extreme, where the claim of bad faith has nothing at all to do with the contract claim, as in Rawlings v. Apodaca, 151 Ariz. 149 , 726 P.2d 565 (1986), then proof of the contract claim is irrelevant to proof of the bad faith tort claim.

11992–1992
Sparks v. Republic National Life Insurance green
ariz · 1982
2 sentences

1987Co., 132 Ariz. 529 , 647 P.2d 1127 , cert. denied, 459 U.S. 1070 , 103 S.Ct. 490 , 74 L.Ed.2d 632 (1982), the court considered whether § 12-341.01 authorized an award of attorney's fees to the plaintiff in a bad faith tort claim asserted against an insurance company.

1987Co., 132 Ariz. 529 , 647 P.2d 1127 , cert. denied, 459 U.S. 1070 , 103 S.Ct. 490 , 74 L.Ed.2d 632 (1982), the court considered whether § 12-341.01 authorized an award of attorney's fees to the plaintiff in a bad faith tort claim asserted against an insurance company.

11987–1987
County of Mahnomen v. White Earth Band of Chippewa Indians green
scotus · 1982
2 sentences

1987Co., 132 Ariz. 529 , 647 P.2d 1127 , cert. denied, 459 U.S. 1070 , 103 S.Ct. 490 , 74 L.Ed.2d 632 (1982), the court considered whether § 12-341.01 authorized an award of attorney’s fees to the plaintiff in a bad faith tort claim asserted against an insurance company.

1987Co., 132 Ariz. 529 , 647 P.2d 1127 , cert. denied, 459 U.S. 1070 , 103 S.Ct. 490 , 74 L.Ed.2d 632 (1982), the court considered whether § 12-341.01 authorized an award of attorney's fees to the plaintiff in a bad faith tort claim asserted against an insurance company.

11987–1987
Karapinka v. Union Carbide Corp. green
scotus · 1982
2 sentences

1987Co., 132 Ariz. 529 , 647 P.2d 1127 , cert. denied, 459 U.S. 1070 , 103 S.Ct. 490 , 74 L.Ed.2d 632 (1982), the court considered whether § 12-341.01 authorized an award of attorney's fees to the plaintiff in a bad faith tort claim asserted against an insurance company.

1987Co., 132 Ariz. 529 , 647 P.2d 1127 , cert. denied, 459 U.S. 1070 , 103 S.Ct. 490 , 74 L.Ed.2d 632 (1982), the court considered whether § 12-341.01 authorized an award of attorney's fees to the plaintiff in a bad faith tort claim asserted against an insurance company.

11987–1987

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-341.01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WI 8 (1995–2015) IA 7 (1999–2019) CO 5 (1996–2012) AZ 5 (1987–2026) OK 4 (1999–2022) NV 4 (1998–2015) HI 3 (2007–2014) OH 2 (2009–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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