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LO PIANO v. HUNTER

No. 1 CA-CV 90-260.

173 Ariz. 172 (1992)

840 P.2d 1037

Dr. William Lo PIANO, Adolpho S. Echeveste, Judy Aldrich, Robert A. Lizardi and Robert P. Muller, in their capacity as the Executive Board of the Tempe Group Insurance Fund, Plaintiffs-Appellants, v. Lawrence A. HUNTER, a participant in the Tempe Group Insurance Fund, and Elizabeth J. Hunter, his wife, Defendants-Appellees.

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

Review Denied December 1, 1992.

Attorney(s) appearing for the Case

David L. Niederdeppe, Glendale, for plaintiffs-appellants.

Riggs-Carey, Ltd. by Harland E. Carey, Phoenix, for defendants-appellees.

OPINION

GRANT, Presiding Judge.

The issue presented in this appeal is whether a third-party reimbursement provision is enforceable by a self-insured trust fund established pursuant to Ariz. Rev. Stat. Ann. ("A.R.S.") section 15-382. For the reasons stated below, we hold that it is not and affirm the trial court's granting of summary judgment in favor of defendants-appellees.

FACTS

Defendant-appellee Lawrence A. Hunter ("Hunter") is an employee...

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