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HAGEN v. U.S. FIDELITY AND GUAR. INS. CO.

No. 1 CA-CIV 5910.

138 Ariz. 521 (1983)

675 P.2d 1340

Jon Mark HAGEN, Plaintiff-Appellee, v. UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY, Garnishee Defendant-Appellant.

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

Review Granted December 6, 1983.

Attorney(s) appearing for the Case

Hofmann, Salcito, Stevens & Myers, P.A. by Leroy W. Hofmann, Phoenix, for plaintiff-appellee.

Winston & Strawn by W. Charles Thomson III, Phoenix, for garnishee defendant-appellant.

OPINION

HAIRE, Presiding Judge.

The primary issues raised in this appeal concern (1) whether the appellant insurer's policy imposed a duty to defend, notwithstanding the admitted exclusion of liability coverage, and if not, (2) whether the insurer could be held liable under implied contract and negligence principles for its alleged failure to make a reasonable effort to advise its insured of its disclaimer of any obligation under the policy. Subsidiary questions...

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