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SAMSILL v. AMERICAN HOME ASSUR. CO.

No. 1 CA-CIV 3534.

119 Ariz. 84 (1978)

579 P.2d 588

Marleah SAMSILL and Phyllis Treasure, Appellants, v. AMERICAN HOME ASSURANCE COMPANY, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied April 25, 1978.

Review Denied June 6, 1978.

Attorney(s) appearing for the Case

Hughes & Hughes, P.C., Phoenix, and Song & Smoker, Scottsdale, by John C. Hughes, Phoenix, for appellants.

Black, Robertshaw, Frederick, Copple & Wright, P.C. by Stephen D. Copple, and Michael W. Wright, Phoenix, for appellee.

OPINION

NELSON, Judge.

Plaintiff brought this action in the trial court seeking recovery under an insurance policy covering the life and health of a racing quarterhorse named Aunt Lindi. The policy, which defendants issued on March 29, 1973, covered risks to the horse, including death caused by accidental or voluntary destruction of the animal for humane reasons. On August 19, 1973, while the policy was in effect, plaintiffs voluntarily destroyed Aunt Lindi...

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