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SALERNO v. ATLANTIC MUT. INS. CO.

No. 1 CA-CV 99-0311.

6 P.3d 758 (2000)

198 Ariz. 54

Angela SALERNO and Alcario Lucero, Plaintiffs-Appellees/Cross-Appellants, v. ATLANTIC MUTUAL INSURANCE COMPANY, a New York corporation, Defendant-Appellant/Cross-Appellee.

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

July 6, 2000.

Attorney(s) appearing for the Case

Law Offices of Joel R. Kirschbaum, P.L.C. by Joel R. Kirschbaum, Phoenix, for Appellees/Cross-Appellants.

The Cohen Law Firm by Larry J. Cohen, Phoenix, for Appellant/Cross-Appellee.

OPINION

TOCI, Judge.

¶ 1 Atlantic Mutual Insurance Company ("Atlantic") appeals from the grant of summary judgment to Angelo Salerno and Alcario Lucero ("Salerno") finding an Atlantic insurance policy covered Salerno's injuries. Salerno cross-appeals from summary judgment granted to Atlantic because Salerno failed to timely give notice of a claim under the policy's medical expense payments provision. We reverse both judgments and remand.

I...

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