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HOME INDEM. v. EMPLOYEE BENEFITS INS.

No. 2 CA-CV 92-0062.

173 Ariz. 24 (1992)

839 P.2d 444

The HOME INDEMNITY COMPANY, a New Hampshire corporation, Plaintiff/Appellant, v. EMPLOYEE BENEFITS INSURANCE COMPANY, a foreign corporation, and the Orion Group, a foreign corporation, Defendants/Appellees.

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

As Modified April 15, 1992.

Reconsideration Denied May 28, 1992.

Review Denied November 17, 1992.

Attorney(s) appearing for the Case

Broening, Oberg & Woods by Jan E. Cleator, Phoenix, for plaintiff/appellant.

Lewis and Roca by Barry Fish and James K. Kloss, Phoenix, for defendants/appellees.

OPINION

LACAGNINA, Presiding Judge.

The Home Indemnity Company (Home) appeals from the granting of a motion to dismiss its claim for equitable subrogation against Employee Benefits Insurance Company and The Orion Group. Home argues that it has a right to recover the total amount of a settlement paid to a party injured by the negligence of its insured, Sierra Redi-Mix (Sierra), because the party injured was an employee of Sierra for whom Orion provided workers...

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