Judge: Complex Owner Amply Alleged Contract Breach, Bad Faith By Excess Insurer

PHOENIX - Because determination of an apartment complex owner's breach of contract and bad faith allegations against an excess insurer would require him "to consider evidence and facts outside the scope of the allegations in" the owner's counterclaims, an Arizona federal judge on May 29 deemed the claims sufficiently stated to overcome a motion for summary judgment by the insurer (Lexington Insurance Co. v. Scott Homes Multifamily Inc., et al., No. 2:12-cv-02119, D. Ariz.; 2013 U.S. Dist. LEXIS 75319).

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