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CORRAL v. FIDELITY BANKERS LIFE INS. CO.

No. 2 CA-CIV 3883.

129 Ariz. 323 (1981)

630 P.2d 1055

Lydia CORRAL, Mario Corral, Alfredo Corral and Lupe Corral, Plaintiffs/Appellants, v. FIDELITY BANKERS LIFE INSURANCE COMPANY, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

July 1, 1981.

Attorney(s) appearing for the Case

Stanfield, McCarville, Coxon & Fitzgibbons by David A. Fitzgibbons and Robert M. Yates, Casa Grande, Richard LaPaglia, Jr., Eloy, for plaintiffs/appellants.

Wildermuth & Wildermuth by John R. Wildermuth, Coolidge, for defendant/appellee.

OPINION

HATHAWAY, Chief Judge.

Whether life insurance coverage existed at the time of the death of decedent, Alfredo Corral no formal policy having issued, is the underlying question of this lawsuit. Summary judgment was entered in favor of defendant and against plaintiffs, decedent's widow and surviving children.

We must determine whether summary judgment was improperly granted because (1) a material fact...

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