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WESTERN AGR. INS. CO. v. BROWN

No. 1 CA-CV 97-0464.

985 P.2d 530 (1998)

195 Ariz. 45

WESTERN AGRICULTURAL INSURANCE COMPANY, an Arizona corporation, Plaintiff-Appellee, v. Richard BROWN and Dorothy Brown, parents of John Delor Brown, and the Estate of John Delor Brown, Dorothy B. Brown, as mother and Guardian Ad Litem for John Delor Brown, Jr., Michael Allen Brown and Arlene Fay Brown, minors; Darel Fruhwirth and Diana Fruhwirth, husband and wife, as Guardians and Conservators for Shelby Alexander Sinclair, Vanessa Michelle Kogianes and Socrates Michael Kogianes, Richard S. Rosen and Ruth Rosen, husband and wife, Defendants-Appellants.

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

Reconsideration Denied December 29, 1998.

Review Denied September 21, 1999.

Attorney(s) appearing for the Case

Bess Kunz, P.C. by Matthew D. Kleifield and Donald J. Sapala, Phoenix, Attorneys for Plaintiff-Appellee.

Wachtel, Biehn & Malm by Denis R. Malm and Rex L. Martin, Lake Havasu City, Attorneys for Defendants-Appellants Fruhwirth and Rosen.

Ostreicher & Vatz, P.C. by Jeffrey I. Ostreicher and Michael L. York, Phoenix, Attorneys for Defendants-Appellants Richard and Dorothy Brown and the Estate of John Delor Brown.

Stephen M. Lee, Kingman, Attorney for Defendant-Appellant Dorothy B. Brown.

OPINION

NOYES, Judge.

¶ 1 Dr. Michael Kogianes shot his wife and her companion a total of nine times, and he said to the dying companion, "This is the last marriage you'll ever break up." Kogianes was convicted of two counts of premeditated first degree murder by a jury that rejected his insanity defense. Kogianes and the victims' survivors then sought insurance coverage from Western Agricultural Insurance Co. ("Western"), which insured Kogianes for...

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