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NORTHERN INS. CO. OF NEW YORK v. MORGAN

Nos. 1 CA-CV 92-0220, 1 CA-CV 92-0553.

186 Ariz. 33 (1995)

918 P.2d 1051

NORTHERN INSURANCE COMPANY OF NEW YORK, a New York corporation, Plaintiff-Appellee, v. Clarence T. MORGAN and Barbara Morgan, husband and wife; Arizona Tufflite, Inc., an Arizona corporation, Defendants-Appellants. NORTHWESTERN NATIONAL CASUALTY COMPANY, a foreign corporation, Plaintiff-Appellee, v. C.T. MORGAN dba C.T. Morgan Cement Company, Inc.; Arizona Tufflite, Inc., an Arizona corporation; C.T. Morgan dba C.T. Morgan Enterprises; C.T. Morgan dba Clay Transport, Inc.; C.T. Morgan dba Bedrock; C.T. Morgan Cement Construction, Inc., an Arizona corporation; Leslie Ballard, a single woman, Clarence T. Morgan and Barbara Morgan, husband and wife, Defendants-Appellants.

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

Reconsideration Denied January 4, 1996.

Review Denied June 19, 1996.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. by W. Michael Flood, James M. Ackerman, Stephen E. Crofton, J. Matthew Powell, Phoenix, for Plaintiff-Appellee, Northern Insurance Company.

Garrey & Curran, P.C. by D. Reid Garrey, Shawna M. Woner, Scottsdale, for Plaintiff-Appellee, Northwestern National Casualty.

Roush, McCracken & Guerrero by Charles D. Roush, Phoenix, for Defendants-Appellants.

OPINION

GRANT, Judge.

In Case No. CA-CV 92-0220, Clarence and Barbara Morgan and Arizona Tufflite, Inc. appeal from summary judgment granted in favor of Northern Insurance Company, ("Northern"). In Case No. CA-CV 92-0553, C.T. Morgan, et al. appeal from summary judgment granted in favor of Northwestern National Casualty Company, ("Northwestern"). Both actions were declaratory judgment actions.

FACTS AND PROCEDURAL HISTORY

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