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NATIONWIDE MUT. INS. CO. v. A.H.C.C.C.S.

No. 2 CA-CV 90-0107.

166 Ariz. 514 (1990)

803 P.2d 925

NATIONWIDE MUTUAL INSURANCE COMPANY, a Foreign Corporation Authorized to do Business in Arizona, Plaintiff/Appellee, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM, a Governmental Entity; Leonard J. Kirschner, M.D., M.P.H., Director of Administration, Defendants/Appellants. The STATE of Arizona By and Through the ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM, Plaintiff/Appellant, v. NATIONWIDE INSURANCE COMPANY, an Ohio Corporation, Defendant/Appellee.

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

Redesignated as Opinion and Publication Ordered December 13, 1990.

Attorney(s) appearing for the Case

Law Offices of Warren S. McCord by Paul J. Prato and Blake E. Whiteman, Scottsdale, for plaintiff/appellee.

Johnston Maynard Grant & Parker by Logan T. Johnston and Charles J. Adornetto, Phoenix, for defendants/appellants.

FERNANDEZ, Chief Judge.

This case involves the right of the State of Arizona by and through the Arizona Health Care Cost Containment System and its director Leonard J. Kirschner (hereafter AHCCCS) to recover from the indemnitor of third-party tortfeasors the cost of medical care provided to an AHCCCS member pursuant to AHCCCS's statutory lien, subrogation, and assignment rights. AHCCCS appeals from the court's granting of summary judgment to appellee Nationwide Mutual...

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