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NORQUIP RENTAL v. SKY STEEL ERECTORS

No. 1 CA-CV 91-0192.

175 Ariz. 199 (1993)

854 P.2d 1185

NORQUIP RENTAL CORPORATION, an Arizona corporation, Plaintiff-Appellee, v. SKY STEEL ERECTORS, INC., a South Dakota corporation; Insurance Company of the West, a California corporation; and Olson Erectors, Inc., an Arizona corporation, d/b/a Viking Steel, Defendants-Appellants.

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

As Corrected March 8, 1993.

Reconsideration Denied March 23, 1993.

Review Denied July 7, 1993.

Attorney(s) appearing for the Case

Aspey, Watkins & Diesel by Jane Butler Juarez and Jack Dempsey, Flagstaff, for plaintiff-appellee.

Jennings, Kepner & Haug by Chad L. Schexnayder and Judy J. Lindemuth, Phoenix, for defendant-appellant Insurance Company of the West.

Edward J. Marko, Phoenix, for defendant-appellant Viking Steel.

OPINION

CLABORNE, Judge.

Appellants Insurance Company of the West ("ICW") and Olson Erectors, Inc., d/b/a Viking Steel ("Viking") bring this appeal from a grant of a motion for summary judgment in favor of appellee Norquip Rental Corporation ("Norquip"). Appellants contend that the trial court erred in granting the motion for summary judgment because the payment bond upon which Norquip relied was a private bond and did not extend coverage to Norquip...

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