Legal Opinion

Lloyd v. State Farm Mutual Automobile Insurance

Court of Appeals of Arizona

Decided November 27, 1992No. 1 CA-CV 91-0017PublishedCited by 21 opinions

1Opinion of the Court

OPINION

GERBER, Judge.

The main issue we are asked to determine in this appeal is the liability of an insurance company for assuming a defense when no policy coverage truly existed. In summary, we hold that an insurer’s voluntary assumption of the duty to defend may give rise to a cause of action for derelictions in that defense even when there is no actual coverage.

FACTS

On April 12, 1986, Virginia Lloyd was struck by a midget race car while in the pit area at Manzanita Speedway in Phoenix. She suffered massive injuries resulting in quadriplegia. The car was partly owned by George and Sharon…

2Cases cited15 opinions

  1. Glanzer v. . ShepardNew York Court of Appeals · 1922
  2. Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
  3. Thompson v. Sun City Community Hospital, Inc.Arizona Supreme Court · 1984
  4. Attleboro Mfg. Co. v. Frankfort Marine, Accident & Plate Glass Ins.Court of Appeals for the First Circuit · 1917
  5. Travelers Insurance v. LesherCalifornia Court of Appeal · 1986

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Renteria v. United StatesDistrict Court, D. Arizona · 2006
  2. Steinberger v. McVeyCourt of Appeals of Arizona · 2014
  3. Schaefer v. IndyMac Mortgage ServicesCourt of Appeals for the First Circuit · 2013
  4. Lloyd v. State Farm Mutual Automobile InsuranceCourt of Appeals of Arizona · 1996
  5. Koss Corp. v. American Express Co.Court of Appeals of Arizona · 2013

16 more not listed; retrieve them via the Exa API.

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