PRUDENTIAL v. ESTATE OF ROJO-PACHECO

No. 2 CA-CV 96-0029.

962 P.2d 213 (1997)

192 Ariz. 139

The PRUDENTIAL, aka Prudential Property and Casualty Insurance Company, aka Prudential General Insurance Company, Plaintiff/Appellee, v. The ESTATE OF Leandro ROJO-PACHECO, Luis Rojo-Pacheco, Florencio Rojo-Pacheco, Arturo Valdez-Castro, Cameron J. Snider, Francisco Rojo-Montoya, Francisca Montoya De Rojo, Anjelica Yadira Rojo De Pacheco, Carmen Rojo-Montoya, Leonardo Rojo-Montoya and Jose Humberto Rodriguez-Blanco, Defendants/Appellants.

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

Review Denied September 10, 1998.


Attorney(s) appearing for the Case

Risner & Graham by William J. Risner and Kenneth K. Graham, Tucson, for Defendants/Appellants.

Renaud, Cook & Drury, P.A. by William W. Drury, Jr. and Charles A. Struble, Phoenix, for Plaintiff/Appellee.


OPINION

PELANDER, Presiding Judge.

This declaratory relief action raises issues of first impression in Arizona relating to whether, when, and to what extent an insurer may rescind ab initio an automobile insurance policy's liability coverage based on the insured's fraudulent misrepresentations in the application. Defendants/appellants appeal from the trial court's judgment, entered after a jury verdict, in favor of plaintiff/appellee Prudential and...

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