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DESERT MOUNTAIN PROPERTIES LIMITED PARTNERSHIP v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

No. CV-10-0339-PR.

250 P.3d 196 (2011)

DESERT MOUNTAIN PROPERTIES LIMITED PARTNERSHIP, Plaintiff/Appellee/Cross-Appellant, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant/Appellant/Cross-Appellee.

Supreme Court of Arizona, En Banc.

May 12, 2011.

Attorney(s) appearing for the Case

Fennemore Craig, P.C. By J. Randall Jefferies, Timothy Berg, Theresa Dwyer-Federhar, Louis D. Lopez, Meredith K. Marder, Phoenix, Attorneys for Desert Mountain Properties Limited Partnership.

David Bell & Associates, P.L.L.C., By David M. Bell, Howard L. Andari, Phoenix, Attorneys for Liberty Mutual Fire Insurance Company.

Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., By Stanley G. Feldman, Tucson, Poli & Ball, P.L.C., By Michael N. Poli, Phoenix, Knapp & Roberts, P.C. By David L. Abney, Scottsdale, Attorneys for Amici Curiae Arizona Association for Justice/Arizona Trial Lawyers Association and United Policyholders.

Lewis and Roca, L.L.P., By Randy S. Papetti, Phoenix, Attorneys for Amicus Curiae Complex Insurance Claims Litigation Association.

OPINION

BERCH, Chief Justice.

¶ 1 We granted review in this case to consider (1) whether a commercial general liability (CGL) policy covers an insured's contractual liability for damage that caused only economic loss, (2) whether the CGL policy's contractual liability exclusion applies only when an insured has "assumed" another's liability by agreeing to indemnify or hold another harmless, and (3) whether an insured's voluntary expenditures to repair...

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