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FIRE INS. EXCHANGE v. THUNDERBIRD MASONRY

No. 1 CA-CV 91-0044.

177 Ariz. 365 (1993)

868 P.2d 948

FIRE INSURANCE EXCHANGE, an inter-insurance exchange, Intervenor Plaintiff-Appellee, v. THUNDERBIRD MASONRY, INC., Defendant-Appellant.

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

Reconsideration Denied July 1, 1993.

Review Denied March 16, 1994.

Attorney(s) appearing for the Case

Broening, Oberg & Woods by Brian Holohan, Phoenix, for intervenor plaintiff-appellee.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Richard J. Woods and Lucas J. Narducci, Phoenix, for defendant-appellant.

OPINION

EHRLICH, Presiding Judge.

Thunderbird Masonry, Inc. ("Thunderbird"), appeals from the summary judgment entered for Fire Insurance Exchange ("Fire Insurance") in a tort action. The insurance company had intervened to recover its loss after paying a claim for fire damage. For the following reasons, the judgment is reversed.

FACTS AND PROCEDURAL HISTORY

Marvin Gardens Development Corporation/Northview Terrace Limited Partnership...

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