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CERTAINTEED CORP. v. UNITED PACIFIC INS.

No. 2 CA-CV 87-0290.

158 Ariz. 273 (1988)

762 P.2d 560

CERTAINTEED CORPORATION, a Maryland corporation, Plaintiff/Appellee/Cross-Appellant, v. UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, Defendant/Appellant/Cross-Appellee.

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

Review Denied November 1, 1988.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C. by Robert L. Dysart and Kevin M. LeWinter, Phoenix, for plaintiff/appellee/cross-appellant.

Watt & Cohen by Melvin C. Cohen, Tucson, for defendant/appellant/cross-appellee.

HOWARD, Presiding Judge.

This is an appeal and cross-appeal from the granting of a summary judgment. The main issue is whether the defendant (United Pacific) was estopped from asserting the defense of the statute of limitations. The trial court granted the plaintiff (Certainteed) summary judgment for $21,392.20, which was only part of its claim. It denied judgment for any amounts over and above that sum.

THE UNDISPUTED FACTS

Certainteed furnished building...

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