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INDUSTRIAL COM'N v. OLD REPUBLIC INS.

No. 1 CA-CV 08-0289.

219 P.3d 285 (2009)

The INDUSTRIAL COMMISSION OF ARIZONA, a state government entity, Plaintiff/Appellant/Cross-Appellee, v. OLD REPUBLIC INSURANCE COMPANY, a foreign corporation; Zurich American Insurance Company, a foreign corporation, Defendants/Appellees, and Liberty Insurance Corporation, a foreign corporation, Defendant/Appellee/Cross-Appellant.

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

November 3, 2009.

Attorney(s) appearing for the Case

Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. by Jose de Jesus Rivera, Kathleen Hale, Phoenix, Gerald S. Maltz, Rebecca A. Reed, Tucson, Attorneys for Plaintiff/Appellant/Cross-Appellee.

Renaud Cook Drury Mesaros, PA by Steven G. Mesaros, Kevin R. Myer, Phoenix, Attorneys for Defendants/Appellees Old Republic Insurance Co. and Zurich American Insurance Co.

Low & Cohen, PLLC by Charles R. Cohen, Phoenix and Barger & Wolen, LLP by Gary A. Bresee, Pro Hac Vice, San Francisco, CA, Attorneys for Defendant/Appellee/Cross-Appellant Liberty Insurance Corp.

OPINION

PORTLEY, Judge.

¶ 1 The Arizona Legislature has provided that an employer who purchases a deductible workers' compensation insurance policy is entitled to pay a reduced premium pursuant to Arizona Revised Statutes ("A.R.S.") section 23-963.01 (Supp. 2008).1 We are asked to decide whether the trial court erred when it concluded that workers' compensation insurance carriers...

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