DESERT MOUNTAIN PROP. v. LIBERTY MUT. FIRE

No. 1 CA-CV 08-0802.

236 P.3d 421 (2010)

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

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

August 3, 2010.


Attorney(s) appearing for the Case

David Bell & Associates, PLLC By David M. Bell, Howard L. Andari, Phoenix, Attorneys for Appellant/Cross-Appellee.

Fennemore Craig By J. Randall Jefferies, Louis D. Lopez, Phoenix, Attorneys for Appellee/Cross-Appellant.


OPINION

JOHNSEN, Judge.

¶ 1 Soil settlement caused cracks and other damage to 50 new homes in north Scottsdale. Prompted by complaints from customers to whom it had sold the homes, the developer, Desert Mountain Properties Limited Partnership, paid an average of $200,000 per home to have the soil issues corrected and the damage repaired. Desert Mountain then sought reimbursement from its insurer. We hold in this appeal that commercial general liability...

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