Hagen v. United States Fidelity and Guaranty Ins. Co.

Arizona Supreme Court

Hagen v. United States Fidelity and Guaranty Ins. Co.

675 P.2d 1310, 138 Ariz. 491, 1984 Ariz. LEXIS 168

CourtArizona Supreme Court

DecidedJanuary 3, 1984

Docket17193-PR

StatusPublished

Cited by5 cases

This text of 675 P.2d 1310 (Hagen v. United States Fidelity and Guaranty Ins. Co.) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hagen v. United States Fidelity and Guaranty Ins. Co., 675 P.2d 1310, 138 Ariz. 491, 1984 Ariz. LEXIS 168 (Ark. 1984).

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Opinion

FELDMAN, Justice.

This is a contested garnishment proceeding brought against an insurer by the insured’s assignee. The trial court entered summary judgment in favor of the assignee, Hagen. The court of appeals reversed and remanded with instructions. Hagen v. United States Fidelity and Guaranty Insurance Company, 138 Ariz. 521, 675 P.2d 1340 (App.1983). Both parties have petitioned us for review. See Rule 23(a), Arizona Rules of Civ.App.Proc., 17A A.R.S.

After review of the record, we conclude that the opinion of the court of appeals is correct and that all issues were properly decided. Ordinarily, we would simply deny review. However, while denial of review usually attests our approval of the result reached by the court of appeals, it does not necessarily indicate our approval of the legal analysis contained in the opinion. See generally Washington v. Confederated Bands and Tribes, 439 U.S. 463, 477, 99 S.Ct. 740, 749, 58 L.Ed.2d 740 n. 20 (1979). Because we do agree with the court’s legal analysis in the case at bench, and because the opinion deals with several issues not previously settled in this State, we hereby adopt the opinion of the court of appeals and indicate our agreement with the legal principles set forth in that opinion.

HOLOHAN, C.J., GORDON, V.C.J., and HAYS and CAMERON, JJ., concur.

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FELDMAN, Justice.

This is a contested garnishment proceeding brought against an insurer by the insured’s assignee. The trial court entered summary judgment in favor of the assignee, Hagen. The court of appeals reversed and remanded with instructions. Hagen v. United States Fidelity and Guaranty Insurance Company, 138 Ariz. 521, 675 P.2d 1340 (App.1983). Both parties have petitioned us for review. See Rule 23(a), Arizona Rules of Civ.App.Proc., 17A A.R.S.

After review of the record, we conclude that the opinion of the court of appeals is correct and that all issues were properly decided. Ordinarily, we would simply deny review. However, while denial of review usually attests our approval of the result reached by the court of appeals, it does not necessarily indicate our approval of the legal analysis contained in the opinion. See generally Washington v. Confederated Bands and Tribes, 439 U.S. 463, 477, 99 S.Ct. 740, 749, 58 L.Ed.2d 740 n. 20 (1979). Because we do agree with the court’s legal analysis in the case at bench, and because the opinion deals with several issues not previously settled in this State, we hereby adopt the opinion of the court of appeals and indicate our agreement with the legal principles set forth in that opinion.

HOLOHAN, C.J., GORDON, V.C.J., and HAYS and CAMERON, JJ., concur.

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675 P.2d 1310, 138 Ariz. 491, 1984 Ariz. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hagen-v-united-states-fidelity-and-guaranty-ins-co-ariz-1984.

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