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BETANCOURT v. ARIZ PROPERTY & CAS. INS.

No. 1 CA-CV 90-150.

170 Ariz. 296 (1991)

823 P.2d 1304

Jesus BETANCOURT and Esther Betancourt, husband and wife, Plaintiffs-Appellees, v. ARIZONA PROPERTY & CASUALTY INSURANCE FUND, Defendant-Appellant.

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

Review Denied February 19, 1992.

Attorney(s) appearing for the Case

Roush, McCracken & Guerrero by Peter A. Guerrero, Manuel P. Guerrero, Phoenix, for plaintiffs-appellees.

Jones, Skelton & Hochuli by Larry J. Cohen, Phillip H. Stanfield, Phoenix, for defendant-appellant.

OPINION

GERBER, Judge.

The primary issue in this appeal is whether the Arizona Property & Casualty Insurance Fund (the Fund) is bound by a settlement agreement reached between an insolvent insurer and a third party prior to the insurer's insolvency. Secondary issues concern the award of attorneys' fees.

FACTS AND PROCEDURAL HISTORY

For purposes of appeal, the facts are undisputed. Appellee Esther Betancourt and Lori Ogles were involved...

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