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FIDELITY SEC. LIFE INS. v. DEPT. OF INS.

No. CV-96-0581-PR.

954 P.2d 580 (1998)

191 Ariz. 222

FIDELITY SECURITY LIFE INSURANCE COMPANY, Plaintiff/Appellant/Petitioner, v. STATE of Arizona, DEPARTMENT OF INSURANCE, and Susan Gallinger, Director of Insurance of the State of Arizona, in her official capacity, Defendants/Appellees/Respondent. Darlene TODD, et al., Plaintiffs/Appellants/Petitioners, v. STATE of Arizona, et al., Defendants/Appellees/Respondents. Donald W. NOREN, Plaintiff/Appellant/Petitioner, v. STATE of Arizona, et al., Defendants/Appellees/Respondents.

Supreme Court of Arizona, En Banc.

February 19, 1998.

Attorney(s) appearing for the Case

Frederick C. Berry, Jr., P.C. by Frederick C. Berry, Jr., Phoenix, for Darlene Todd.

Shughart Thomson & Kilroy, P.C. by John S. Conner, Richard M. Paul III, Kansas City, MO, and Ulrich, Kessler & Anger, P.C. by Paul G. Ulrich, Donn G. Kessler, Phoenix, for Fidelity Security Life Insurance Company.

George T. Drost & Associates by Thomas W. Kivlahan, Arlington Heights, IL, and Richard L. Strohm, Phoenix, for Donald W. Noren.

Grant Woods, Attorney General by Raymond P. Lee, Thomas J. Dennis, Assistant Attorneys General, Phoenix, for State of Arizona, Department of Insurance, and Susan Gallinger.

OPINION

JONES, Vice Chief Justice.

¶ 1 We granted review in a consolidated appeal from the dismissal of three separate complaints filed in Maricopa County Superior Court. Petitioners ask us to determine whether the three trial courts properly granted motions to dismiss pursuant to Rule 12(b)(6), Arizona Rules of Civil Procedure. The court of appeals, in a split opinion, found the trial courts' dismissals proper. After consideration, we hold that the...

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