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AM. CONTINENTAL v. AM. CAS. OF READING PA.

No. 2 CA-CV 94-0321.

183 Ariz. 301 (1995)

903 P.2d 609

AMERICAN CONTINENTAL INSURANCE COMPANY, INC., Plaintiff/Appellee/Cross-Appellant, v. AMERICAN CASUALTY COMPANY OF READING, PA., Defendant/Appellant/Cross-Appellee.

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

Reconsideration Granted May 18, 1995.

Review Denied September 26, 1995.

Attorney(s) appearing for the Case

Gallagher & Kennedy, P.A. by Robert J. Milligan and Thomas A. Langan, Phoenix, for defendant/appellant/cross-appellee.

Jones, Skelton & Hochuli by William R. Jones, Jr., Lori A. Shipley, and David C. Lewis, Phoenix, for plaintiff/appellee/cross-appellant.

OPINION

ESPINOSA, Presiding Judge.

Appellant American Casualty Company of Reading (American) appeals from a judgment in favor of appellee American Continental Insurance Company, Inc. (ACIC) on its equitable contribution claim. ACIC cross-appeals from the trial court's finding that American was an excess insurer. We affirm.

This action arises out of a medical malpractice case in which the facts are undisputed. In May 1989, Ken Gardiner...

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