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PHOENIX CONTROL SYSTEMS v. INS. CO. OF NA

No. 1 CA-CV 88-030.

161 Ariz. 420 (1989)

778 P.2d 1316

PHOENIX CONTROL SYSTEMS, INC., a California corporation, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania corporation, Defendant-Appellee.

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

Review Granted September 19, 1989.

Attorney(s) appearing for the Case

Slater & Santaguida, P.C. by David B. Goldstein, Mesa, and Alioto & Alioto by Merl O. Barns, San Francisco, Cal., for plaintiff-appellant.

Snell & Wilmer by Warren E. Platt, Robert W. Haskin, Jr. and Orest B. Dachniwsky, Phoenix, for defendant-appellee.

JACOBSON, Judge.

This case raises the issue of an insurer's "duty to defend." Phoenix Control Systems, Inc. (Phoenix Control) appeals from summary judgment granted in favor of appellee, Insurance Company of North America (INA). The trial court found INA had no duty to defend a civil action instituted by Johnson Controls, Inc. (Johnson Controls) against Phoenix Control in the United States District Court in Arizona. Phoenix Control raises two issues on appeal: (1)...

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