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ASSYIA v. STATE FARM MUT. AUTO. INS. CO.

No. 1 CA-CV 10-0678.

273 P.3d 668 (2012)

Sylvia ASSYIA, individually, Plaintiff/Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant/Appellant.

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

March 22, 2012.

Attorney(s) appearing for the Case

Plattner Verderame P.C. By Richard S. Plattner, Phoenix, Attorneys for Plaintiff/Appellee.

Edythe H. Kelly & Associates By Edwin R. Roberts, DeCiancio Robbins P.L.C. By Joel DeCiancio, Christopher Robbins, Tempe, Co-counsel for Defendant/Appellant.

OPINION

DOWNIE, Judge.

¶ 1 State Farm Mutual Automobile Insurance Company ("State Farm") appeals from a judgment awarding attorneys' fees and costs to Sylvia Assyia. State Farm contends Assyia's breach of contract action, alleging a failure to pay uninsured motorist ("UM") policy benefits to which she was entitled, sounds in tort, not contract, rendering a fee award under Arizona Revised Statutes ("A.R.S.") section 12-341.01(A) improper. We disagree...

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