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VALLEY FORGE INS. CO. v. SAM'S PLUMBING, LLC

No. 2 CA-CV 2008-0095.

207 P.3d 765 (2009)

VALLEY FORGE INSURANCE COMPANY, Plaintiff/Appellant, v. SAM'S PLUMBING, LLC, an Arizona Limited Liability Company; and Samuel N. Thomas and Lois Thomas, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

March 19, 2009.

Attorney(s) appearing for the Case

Shughart Thomson & Kilroy, P.C. By Robert O. Dyer and Andrew S. Jacob, Phoenix, Attorneys for Plaintiff/Appellant.

Rai & Barone, P.C. By Rina Rai and Brian J. Schmidt, Phoenix, Attorneys for Defendants/Appellees.

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 The plaintiff, Valley Forge Insurance Company, appeals from the trial court's entry of summary judgment in favor of defendants Sam's Plumbing, LLC, and Samuel and Lois Thomas (collectively, "Sam's Plumbing"). Valley Forge argues the trial court erred in finding its subrogated negligence claim barred by the economic loss rule. We agree and reverse and remand for the reasons set forth below.

Factual...

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