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MONTEREY v. FEDERATED

No. 1 CA-CV 08-0056.

212 P.3d 43 (2009)

MONTEREY HOMES ARIZONA, INC., an Arizona corporation; Monterey Homes Construction, Inc., an Arizona corporation, Defendants/Third-Party Plaintiffs/Appellees, v. FEDERATED MUTUAL INSURANCE COMPANY, Applicant for Intervenor/Appellant.

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

February 10, 2009.

Attorney(s) appearing for the Case

Koeller, Nebeker, Carlson & Haluck, L.L.P. By William A. Nebeker and Marcus D. Tappe, Phoenix, Attorneys for Defendants/Third-Party Plaintiffs/Appellees.

Meagher & Geer, P.L.L.P. By Thomas H. Crouch and Rob A. Justman, Scottsdale, Attorneys for Applicant for Intervenor/Appellant.

OPINION

NORRIS, Judge.

¶ 1 This appeal arises out of third-party construction defect indemnity and breach claims filed by defendants/appellees Monterey Homes Arizona, Inc., and Monterey Homes Construction, Inc. (collectively "Monterey"), against one of their trade subcontractors, BBP Concrete Company, Inc. ("BBP"). BBP tendered its defense against Monterey's claims to its insurer, applicant for intervenor/appellant...

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