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STEWART v. MUTUAL OF OMAHA INS. CO.

1 CA-CV 89-048.

169 Ariz. 99 (1991)

817 P.2d 44

Wayne H. STEWART and Betty L. Stewart, husband and wife, Plaintiffs-Appellants, Cross-Appellees, v. MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska corporation, Defendant-Appellee, Cross-Appellant.

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

August 22, 1991.

Attorney(s) appearing for the Case

Patten, Montague & Arnett by W. Dea Montague, Wayne C. Arnett, Tempe, for plaintiffs-appellants, cross-appellees.

Lewis & Roca by Susan M. Freeman, Jose A. Cardenas, Stephen M. Bressler, Phoenix, for defendant-appellee, cross-appellant.

OPINION

TAYLOR, Judge.

Wayne H. and Betty L. Stewart appeal from summary judgment permitting Mutual of Omaha Insurance Company (Mutual) to rescind three insurance policies because of alleged misrepresentations in policy applications. The primary issues on appeal are whether the applications were fraudulent within the meaning of A.R.S. § 20-1109 and whether factual disputes concerning alleged misrepresentations by the Stewarts to Mutual's agents preclude...

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