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07-5083 - Scottsdale Insurance v. Tolliver, et al


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07-5083 - Scottsdale Insurance v. Tolliver, et al
March 11, 2008
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[9554284] Affirmed in Part and Reversed in Part;Terminated on the merits after submissions without oral hearing; Written, signed, unpublished. Judges Tacha (authoring), Ebel and Murphy. Mandate to issue. The district court's judgment in favor of Scottsdale Insurance Company on its claim for cancellation, and against Michael S. Tolliver and Sandra L. Tolliver on their counterclaim for breach of contract, is REVERSED and REMANDED for a new trial in accord with this order and judgment. The district court's grant of summary judgment in favor of Scottsdale and the Tollivers' bad faith claim is AFFIRMED.