TMC Healthcare v. Truck Insurance Exchange

MEMORANDUM *

TMC Healthcare (“TMC”) appeals the district court’s order granting summary judgment to Truck Insurance Exchange (“Truck”) on TMC’s bad faith tort claims, the district court’s order excluding evidence at trial of the breach of contract claim, and the district court’s denial of TMC’s motion for judgment as a matter of law. We affirm in part and reverse in part. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

In this case, the district court granted summary judgment as to TMC’s bad faith tort claim, a decision that we review de novo. Nodine v. Shiley, Inc., 240 F.3d 1149, 1152 (9th Cir.2001). In considering the propriety of summary judgment, we “must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Id.

TMC alleges that Truck violated its duty of good faith in denying its request *805 for reimbursement. Under Arizona law, “[t]he tort of bad faith arises when the insurer ‘intentionally denies, fails to process or pay a claim without a…