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FOWLER v. GREAT AMERICAN INS. CO.

No. 1 CA-CIV 4011.

124 Ariz. 111 (1979)

602 P.2d 492

John E. FOWLER, Jr., and Margaret Fowler, husband and wife, Appellants and Cross-Appellees, v. GREAT AMERICAN INSURANCE COMPANY, a New York Corporation, Appellee and Cross-Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied September 21, 1979.

Review Denied September 25, 1979.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by John H. Westover, James E. Vieh, Phoenix, for appellants and cross-appellees.

Sorenson, Esser & Moore and John S. Schaper, Phoenix, for appellee and cross-appellant.

OPINION

FROEB, Judge.

John and Margaret Fowler (the Fowlers) sued Great American Insurance Company (Great American) for (1) breach of contract by failing to pay on their insurance policy after a residence fire, and (2) bad faith refusal to pay the claim. Great American denied coverage on the ground of arson by the Fowlers. Following the trial the jury returned a verdict in favor of the Fowlers on the contract claim, but denied them recovery on the bad faith...

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