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CLARK EQUIP. v. PROP. & CAS. INS. GUAR.

No. 1 CA-CV 95-0502.

943 P.2d 793 (1997)

189 Ariz. 433

CLARK EQUIPMENT COMPANY, a Delaware corporation, Plaintiff-Appellee, v. ARIZONA PROPERTY AND CASUALTY INSURANCE GUARANTY FUND, a political subdivision of the Department of Insurance of the State of Arizona, Defendant-Appellant.

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

Review Denied September 16, 1997.

Attorney(s) appearing for the Case

Snell & Wilmer, L.L.P. by Steven S. Guy and Scott D. Sherman, Phoenix, for Plaintiff-Appellee.

Surrano & Massey, P.C. by Charles J. Surrano, III, and Jeffrey R. Finley, Phoenix, for Defendant-Appellant.

OPINION

WEISBERG, Judge.

Appellant Arizona Property and Casualty Insurance Guaranty Fund (the Fund) appeals the trial court's judgment and award of costs and attorneys' fees entered in favor of Clark Equipment Company (Clark). We affirm.

FACTUAL AND PROCEDURAL HISTORY

On October 7, 1983, Richard Chavez was seriously injured in an accident involving a forklift manufactured by Clark. Chavez brought suit against Clark in Maricopa County (Chavez...

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