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Taylor v. State Farm Mutual Automobile Insurance Co.9/22/1994
s prior to the final Disposition of the underlying judgment can be resolved through motions practice.
Conclusion
In accord with our supreme court's opinion in Henderson, we conclude that Taylor's bad faith cause of action against State Farm accrued on the date judgment was entered against him--March 30, 1981. Because Taylor failed to file his claim within the two-year statute of limitations period, and the period was neither tolled nor suspended, Taylor's filing in July 1985 was untimely and barred by the statute of limitations. Thus, we conclude that the trial court erred as a matter of law in finding that Taylor's claim was timely filed and in denying State Farm's motion for summary judgment on that basis.
This matter is reversed and remanded to the trial court with instructions to enter judgment in favor of State Farm on the basis that Taylor's claim is barred by the statute of limitations.
EDWARD C. VOSS,
Presiding Judge, Department E
CONCURRING:
RUTH V. MCGREGOR, Judge
WILLIAM J. O'NEIL, Judge
Page 1 2 3 4 5 6 7 Arizona Personal Injury Attorneys
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