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HOLT v. UTICA MUT. INS. CO.

No. CV-87-0273-PR.

157 Ariz. 477 (1988)

759 P.2d 623

William G. HOLT and William D. Holt, Plaintiffs/Appellees, v. UTICA MUTUAL INSURANCE COMPANY, Garnishee Defendant/Appellant.

Supreme Court of Arizona, En banc.

June 30, 1988.

Attorney(s) appearing for the Case

Langerman, Begam, Lewis and Marks by Stanley J. Marks and Neil J. Harrington, Phoenix, for plaintiffs/appellees.

Sorenson, Moore, Evens & Burke by Patrick E. Burke and John S. Schaper, Phoenix, for defendant/appellant.

FELDMAN, Vice Chief Justice.

This petition for review asks us to determine whether there are genuine issues of material fact precluding summary judgment on insurance questions of duty to defend, breach of a cooperation clause and substantial prejudice to an insurer. We granted review to clarify several matters of statewide importance. Rule 23, Ariz.R.Civ.App.P., 17A A.R.S. We have jurisdiction under Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24.

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