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SAFEWAY INS. CO. v. COLLINS

No. 1CA-CV 97-0472.

963 P.2d 1085 (1998)

192 Ariz. 262

SAFEWAY INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellant, v. Mary COLLINS and John Doe Collins, wife and husband; Rudolph S. Castro and Jane Doe Castro, husband and wife, Defendants-Appellees.

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

July 23, 1998.

Attorney(s) appearing for the Case

Crosby & Gladner, P.C. by Marc S. Gladner, Phoenix, for Plaintiff-Appellant.

Mary Collins, Mesa, Defendant-Appellee (No Appearance).

Rudolph S. Castro, Mesa, Defendant-Appellee (No Appearance).

SULT, Presiding Judge.

¶ 1 In this appeal we are asked to provide a remedy for an insurance company that would otherwise lose a valid subrogation claim to the statute of limitations before the company could obtain the standing required to sue on the claim.

BACKGROUND

¶ 2 Safeway Insurance Company issued a policy with uninsured motorist coverage to Betty Monter ("the insured"). On December 21, 1994, the insured was involved in a car accident...

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