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LIBERTY INS. UNDERWRITERS v. WEITZ CO.

No. 1 CA-CV 05-0859.

158 P.3d 209 (2007)

LIBERTY INSURANCE UNDERWRITERS, INC., Plaintiff/Appellant, v. The WEITZ COMPANY, LLC; Senio Enterprises, Inc., dba Skunk Creek Iron Works; S Diamond Steel, Inc., Defendants/Appellees.

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

March 27, 2007.

Attorney(s) appearing for the Case

Kunz Plitt Hyland Demlong & Kleifield PC By Steven Plitt and Joshua D. Rogers, Phoenix, Asperger Associates LLC By Jeffrey J. Asperger, Chicago, IL, Attorneys for Plaintiff/Counterdefendant/Appellant.

Sanders & Parks, P.C. By David J. Damron and Melinda Cekander, Phoenix, Snell & Wilmer LLP By Brian J. Foster, Phoenix, Attorneys for Defendant/Counterclaimant/Appellee The Weitz Company, LLC.

Gallagher & Kennedy By Glen Hallman, Phoenix, Attorneys for Defendant/Counterclaimant/Appellee S Diamond Steel, Inc.

Raymond Greer & Sassaman, PC By Randy L. Sassaman, Phoenix, Attorneys for Defendant/Counterclaimant/Appellee Senio Enterprises, Inc.

OPINION

JOHNSEN, Judge.

¶ 1 Arizona law requires that certain property damage insurance policies conform to terms recited in a published form called the "Arizona Standard Fire Policy." By statute, however, "inland marine insurance" policies are exempt from the Arizona Standard Fire Policy requirements. In this case we consider whether a builder's risk insurance policy constitutes "inland marine insurance" and thereby is exempt from the Arizona Standard...

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