Legal Opinion
Boy v. Fremont Indemnity Co.
Court of Appeals of Arizona
Decided May 26, 1987No. 1 CA-CIV 8644PublishedCited by 14 opinions
1Opinion of the Court
OPINION
KLEINSCHMIDT, Judge.
This is a review of the dismissal of a worker’s claims against his employer’s workers’ compensation insurer. We conclude: 1) the insurer did not breach its duty to act in good faith when it refused to compromise its lien against any recovery the worker had against persons other than his employer who contributed to his injury; and 2) the Industrial Commission did not have exclusive jurisdiction, pursuant to A.R.S. § 23-1022(A), over the worker’s claim that the insurer breached its duty to act in good faith by failing to pay benefits.
BACKGROUND
In reviewing the…
2Cases cited19 opinions
- Rawlings v. ApodacaArizona Supreme Court · 1986
- Travelers Insurance Co. v. SavioSupreme Court of Colorado · 1985
- Noble v. National American Life InsuranceArizona Supreme Court · 1981
- Markowitz v. Arizona Parks BoardArizona Supreme Court · 1985
- Chevron Chemical Co. v. Superior CourtArizona Supreme Court · 1982
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hayes v. Continental InsuranceArizona Supreme Court · 1994
- Rowland v. Great States InsuranceCourt of Appeals of Arizona · 2001
- Warner v. Southwest Desert Images, LLCCourt of Appeals of Arizona · 2008
- Mendoza v. McDonald's Corp.Court of Appeals of Arizona · 2009
- Delbridge v. Salt River Project Agricultural Improvement & Power DistrictCourt of Appeals of Arizona · 1994
9 more not listed; retrieve them via the Exa API.