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FREMONT INDEM. v. NEW ENGLAND REINSURANCE

No. CV-90-0186-PR.

168 Ariz. 476 (1991)

815 P.2d 403

FREMONT INDEMNITY COMPANY, Plaintiff/Appellant, v. NEW ENGLAND REINSURANCE COMPANY, a foreign corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

July 23, 1991.

Attorney(s) appearing for the Case

Bury, Moeller, Humphrey & O'Meara by Marshall Humphrey III, Tucson, for plaintiff/appellant.

Browder & Kenney, P.C. by Robert W. Browder, Phoenix, for defendant/appellee.

OPINION

CORCORAN, Justice.

In this case we must settle another conflict between two separate insurance policies containing similar "other insurance" provisions. Claims under each policy arise from the same alleged incident of legal malpractice. New England Reinsurance Company petitions for review of the court of appeals' decision holding that Fremont Indemnity Company's policy excludes coverage for the conduct in question. 165 Ariz. 521...

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