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GOVERNMENT EMPLOYEES INS. CO. v. FENTON

No. 2 CA-SA 89-0149.

164 Ariz. 440 (1989)

793 P.2d 1107

GOVERNMENT EMPLOYEES INSURANCE COMPANY, A Maryland Corporation, Petitioner, v. The Honorable Norman S. FENTON, a Judge for the Superior Court of the State of Arizona, County of Pima, Respondent, and Andrea Nekuza DIEHL, individually, Andrea Nekuza Diehl and Jeffrey Alan Diehl, wife and husband, Real Parties in Interest.

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

Review Granted as to Issues A, B and C July 10, 1990.

Attorney(s) appearing for the Case

Jones, Edwards, Smith & Kofron, P.C. by William W. Edwards, Tucson, for petitioner.

Rabinovitz & Associates, P.C. by Michael A. Mosesso, Tucson, for real parties in interest.

LACAGNINA, Judge.

This special action was taken from the order of the trial court denying petitioner's motion for summary judgment. The determinative facts are not in dispute, and the issue presented is one of law rather than fact. We therefore accept jurisdiction. Shea v. Superior Court of Maricopa County, 150 Ariz. 271, 723 P.2d 89 (1986).

The relevant and undisputed facts are as...

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