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LINTHICUM v. NATIONWIDE LIFE INS. CO.

No. 1 CA-CIV 7205.

150 Ariz. 354 (1985)

723 P.2d 703

Sandra LINTHICUM, widow, surviving wife and Personal Representative of the Estate of Jerry Linthicum, deceased, Plaintiff-Appellee, v. NATIONWIDE LIFE INSURANCE COMPANY, an Ohio corporation, and Dan R. Wagnon and Associates, Inc., an Arizona corporation, Defendants-Appellants.

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

December 31, 1985.

Attorney(s) appearing for the Case

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

McCord & Howe by Warren S. McCord, Scottsdale, and Kornblum, Kelly & Herlihy by Guy O. Kornblum, Abigail S. Kelly, San Francisco, Cal., for defendants-appellants.

Streich, Lang, Weeks & Cardon, P.A. by Louis A. Stahl, William S. Hawgood, III, Susan Gaylord Gale, Phoenix, for amici curiae American Council of Life Ins. and Health Ins. Ass'n of America.

OPINION

BROOKS, Presiding Judge.

Plaintiff-appellee Mrs. Sandra Linthicum (Sandra) brought an action in the superior court against Nationwide Life Insurance Company (Nationwide) and its claims agency Dan R. Wagnon and Associates, Inc. (Wagnon) for breach of contract and for breach of the duty of good faith and fair dealing following Nationwide's denial of benefits under a group health insurance policy.1 The jury returned a verdict...

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