 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Voland v. Farmers Insurance Co.2/11/1997
. at 161, 726 P.2d at 577 (carrier attempted to prevent insureds' suit against the tortfeasor in order to protect its own financial interests, indifferent to the insureds' fire loss, and pursued that objective "by deceit, nondisclosure, reneging on promises, violation of industry custom and deliberate attempts to obfuscate"); Filasky, 152 Ariz. at 597, 734 P.2d at 82 (insurer's reasons for delaying settlement of insured's three claims "were groundless or inadequately investigated"); Borland, 147 Ariz. at 198-99, 709 P.2d at 555-56 (carrier allegedly "had intentionally denied coverage and failed to adjust the loss in good faith," and the "main thrust of [plaintiff's] claim went to the inordinate delay involved in getting the loss paid"). This is not a case where the carriers "intentionally denied, failed to process or pay a claim without a reasonable basis for such action." Noble v. National Am. Life Ins. Co., 128 Ariz. 188, 190, 624 P.2d 866, 868 (1981).
Under the circumstances, any obligation the carriers had to gratuitously pay plaintiff UM benefits in advance for her special damages was, as a matter of law, "fairly debatable." Noble, 128 Ariz. at 190, 624 P.2d at 868. See also Lasma Corp. v. Monarch Ins. Co., 159 Ariz. 59, 63-64, 764 P.2d 1118, 1122-23 (1988); Rawlings, 151 Ariz. at 156, 726 P.2d at 572. Because the carriers had a reasonable basis for their actions, they cannot be liable for bad faith. Aetna Cas. & Surety Co. v. Superior Court, 161 Ariz. 437, 440, 778 P.2d 1333, 1336 (App. 1989); cf. Bucholtz v. Safeco Ins. Co., 773 P.2d 590 (Colo. App. 1988) (no bad faith where UM carrier stopped negotiating toward settlement after insured demanded arbitration).
Finally, the insurance policies did not require the carriers to offer or make advance payments of UM benefits, for allegedly "undisputed" damages or otherwise, but rather specifically provided for binding arbitration of disputed UM claims. See LeFevre, 590 So. 2d at 162 (rejecting contention that insurer "acted in bad faith in refusing to make advance payments" under UM coverage and noting even if insured had requested advance payments, carrier "had no contractual obligation" to make them). In any event, there is no evidentiary support for plaintiff's breach of contract claim, which appears to be based solely on her meritless bad faith claim.
Affirmed.
JOHN PELANDER, Presiding Judge
Concurring
WILLIAM E. DRUKE, Chief Judge
RUTH V. MCGREGOR, Chief Judge
Division One
Page 1 2 3 4 5 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|