Legal Opinion
Tucson Airport Authority v. Certain Underwriters at Lloyd's
Court of Appeals of Arizona
Decided January 4, 1996No. 2 CA-CV 95-0052PublishedCited by 13 opinions
1Opinion of the Court
OPINION
FERNANDEZ, Judge.
Tucson Airport Authority (TAA) brought this bad faith claim against its insurers, alleging that they had breached their duty to treat TAA fairly. The insurers argued that their conduct was absolutely privileged and moved to dismiss the claim pursuant to Rule 12(b)(6), Ariz.R.Civ.P., 16 A.R.S. The trial court granted the motion and TAA appealed. We reverse.
A dismissal for failure to state a claim on which relief can be granted “disposes of the merits and takes res judicata effect [and f|or this reason ... [is] not favored.” Gatecliff v. Great Republic Life Ins. Co., 154…
2Cases cited8 opinions
- Rawlings v. ApodacaArizona Supreme Court · 1986
- Pacific Gas & Electric Co. v. Bear Stearns & Co.California Supreme Court · 1990
- White v. Western Title InsuranceCalifornia Supreme Court · 1985
- Donnelly Const. Co. v. Oberg/Hunt/GillelandArizona Supreme Court · 1984
- Gatecliff v. Great Republic Life InsuranceCourt of Appeals of Arizona · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barefield v. DPIC Companies, Inc.West Virginia Supreme Court · 2004
- Linder v. Brown & HerrickCourt of Appeals of Arizona · 1997
- Lennar Corp. v. Transamerica InsuranceCourt of Appeals of Arizona · 2011
- Montoya Lopez v. Allstate InsuranceDistrict Court, D. Arizona · 2003
- Lory v. Federal InsuranceCourt of Appeals for the Ninth Circuit · 2005
8 more not listed; retrieve them via the Exa API.