Free Proposed Jury Instructions - District Court of Arizona - Arizona

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JOSEPH C. DOLAN, ESQ. (007376) 1650 North 1st Avenue Phoenix, Arizona 85003 (602) 266-7667 Fax (602) 277-9839 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT IN AND FOR DISTRICT OF ARIZONA JERRY SIMMS, a single man, Plaintiff, vs STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation; ABC CORPORATIONS I-X; JOHN DOES I-X, Defendants. PLAINTIFF'S SUPPLEMENTAL SEPARATE PROPOSED JURY INSTRUCTIONS CV-03-1415-PHX-ROS

Plaintiff requests that the Court also give Ninth Circuit model civil jury instruction 6.8 (Principal Sued but not Agent - No Issue as to Agency or Authority). The proposed jury instruction is attached. Plaintiff also proposes that the Court instruct the jury on the insurance company's continuing duty of good faith and fair dealing. The continuing duty instruction is also attached hereto. This instruction is important to explain to the jury that State Farm had the continuing obligation to pay damages that resulted from the fire even if the damages did not surface until after the expiration of the policy. The policy of insurance is in evidence and the jurors may be confused into believing that State Farm had no obligation to pay, for example, for the color matching problems that became more obvious after the present lawsuit was filed.

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Case 2:03-cv-01415-ROS

Document 175

Filed 06/26/2006

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RESPECTFULLY SUBMITTED this 26th day of June, 2006.

By

s/Joseph C. Dolan 007376 JOSEPH C. DOLAN, ESQ. 1650 North 1st Avenue Phoenix, Arizona 85003 Attorney for Plaintiff

JOSEPH C. DOLAN

1650 North First Avenue Phoenix, Arizona 85003

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 26, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: William Phillips, Esq. BROENING OBERG WOODS & WILSON 1122 East Jefferson Phoenix, Arizona 85036 Attorneys for State Farm

I HEREBY CERTIFY that on June 26, 2006 I served the attached document by mailing a copy of the following: Hon. Roslyn Silver United States District Court, Suite 624 401 W. Washington Street Phoenix, Arizona 85003-2158

JOSEPH C. DOLAN

1650 North First Avenue Phoenix, Arizona 85003

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s/Joseph C. Dolan, Esq. 007376 Attorney

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