Legal Opinion

Himes v. Safeway Insurance

Court of Appeals of Arizona

Decided March 27, 2003No. 1 CA-CV 01-0532, 1 CA-CV 02-0410PublishedCited by 18 opinions

1Opinion of the Court

OPINION

BARKER, Presiding Judge.

¶ 1 We examine in this opinion 1 the burden of proof and legal standard applicable in determining to what extent a Damron/Morris agreement 2 represents a reasonable settlement that is binding on an insurer.

i.

¶ 2 Holly Castaño (“Castaño”) was severely injured in an automobile accident. Without attempting to fully describe her injuries, we note that Castaño suffered a diffuse axonal injury to her brain which resulted in spastic quadreparesis. 3 She has no use of her left arm or leg. She can slightly move her right leg and has limited use of her right arm. She has…

2Cases cited23 opinions

  1. Miller v. ShugartSupreme Court of Minnesota · 1982
  2. United Services Automobile Ass'n v. MorrisArizona Supreme Court · 1987
  3. Grant v. Arizona Public Service Co.Arizona Supreme Court · 1982
  4. Damron v. SledgeArizona Supreme Court · 1969
  5. Arizona Property & Casualty Insurance Guaranty Fund v. HelmeArizona Supreme Court · 1987

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3Cited by18 opinions

  1. Safeway Ins. Co., Inc. v. GuerreroArizona Supreme Court · 2005
  2. MT BUILDERS, LLC v. Fisher Roofing Inc.Court of Appeals of Arizona · 2008
  3. PUEBLO SANTA FE TOWNHOMES OWNERS'ASS'N v. Transcontinental Insurance Co.Court of Appeals of Arizona · 2008
  4. Parking Concepts, Inc. v. TenneyArizona Supreme Court · 2004
  5. A Tumbling-T Ranches v. Flood Control DistrictCourt of Appeals of Arizona · 2008

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