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SMITH v. HOME INDEM. CO.

No. 2 CA-CIV 5583.

151 Ariz. 447 (1986)

728 P.2d 666

Kent N. SMITH, individually and as Personal Representative of the Estate of Ross Kent Smith, Jr. and Ross Kent Smith, Sr., Assignees of Eldon B. Lee; Richard D. Lee and Jean R. Lee, his wife; and Superior Construction Corporation, a North Carolina corporation, Plaintiffs/Appellants/Cross-Appellees, v. The HOME INDEMNITY COMPANY, a New Hampshire corporation, licensed to do insurance business in the State of Arizona; and the United States Fire Insurance Company, a New York corporation licensed to do insurance business in the State of Arizona, Defendants/Appellees/Cross-Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied November 12, 1986.

Attorney(s) appearing for the Case

Stompoly & Even, P.C. by David L. Horley and William G. Walker, Tucson, for plaintiffs/appellants/cross-appellees.

Teilborg, Sanders & Parks by James A. Teilborg, David J. Damron and Gerald T. Hickman, Phoenix, for defendants/appellees/cross-appellants.

Bury, Moeller & Humphrey by David C. Bury and Kevin Miniat, Tucson, for appellees.

OPINION

LIVERMORE, Presiding Judge.

While driving a borrowed motorcycle, Eldon Lee struck and killed Ross Kent Smith, Jr. The decedent's personal representative and his father, residents of Arizona, brought a wrongful death action in Graham County Superior Court; they were awarded judgment in the sum of $1,046,829. However, an agreement not to execute had been consummated between the Lees and Smiths nine days earlier. In exchange for their promise not to collect...

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