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MARCAL LTD. PARTNERSHIP v. TITLE INS. CO.

No. 2 CA-CIV 5562.

150 Ariz. 191 (1986)

722 P.2d 359

MARCAL LIMITED PARTNERSHIP, an Arizona limited partnership; Baytree Development Limited, an Arizona corporation; and Larry Pegg, Third-Party Plaintiffs/Appellants/Cross-Appellees, v. TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, Third-Party Defendant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied May 20, 1986.

Attorney(s) appearing for the Case

Law Offices of Frederick E. Kallof, P.A. by Frederick E. Kallof and David R. Mika, Phoenix, for third-party plaintiffs/appellants/cross-appellees.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by John H. Westover, Phoenix, for third-party defendants/appellees/cross-appellants.

FERNANDEZ, Judge.

Appellants Marcal Limited Partnership, Baytree Development Limited, and Larry Pegg (hereafter "Marcal"), seek reversal of the trial court's granting of judgment notwithstanding the verdict as to the jury's punitive damage award as well as its granting of a new trial on all other issues because of the court's failure to instruct on proximate cause. Appellee Title Insurance Company of Minnesota (hereafter "TICOM") has cross-appealed, contending the...

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