Aetna Casualty & Surety Co v. Superior Court

OPINION

HAIRE, Judge.

Petitioner, The Aetna Casualty and Surety Company, (“the insurance company”) has filed this special action petition seeking review of the trial court’s denial of its motion for summary judgment on Tina Gordinier’s (“the plaintiff”) breach of contract and bad faith claims against it. The insurance company contends that as a matter of law its conduct cannot constitute bad faith because it had a reasonable basis for denying coverage, as evidenced by the fact that two Arizona courts agreed with the insurance company that the plaintiff was not covered under the policy.

The…