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MONTALVO v. HARTFORD FIRE INSURANCE COMPANY

No. 2 CA-CIV 364.

5 Ariz. App. 419 (1967)

427 P.2d 553

Tom V. MONTALVO and Mary T. Montalvo, his wife, Appellants, v. HARTFORD FIRE INSURANCE COMPANY, a corporation, Monarch Life Insurance Company, formerly known as Springfield Insurance Company, a corporation, Merchants Fire Insurance Corporation of New York, a corporation, the American Insurance Company, a corporation, and Continental Insurance Company, a corporation, X Corporation, Y Corporation and Z Corporation, Appellees.

Court of Appeals of Arizona.

Rehearing Denied June 16, 1967.

Review Denied September 26, 1967.

Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit by Norman D. Hall, Jr., Phoenix, Stanfield & McCarville, Eloy, for appellants.

Jack M. Anderson, Phoenix, for appellees.

KRUCKER, Judge.

Mr. and Mrs. Montalvo were plaintiffs in a Superior Court action to recover from the defendant insurance companies for losses sustained when their property was totally destroyed by a fire on January 28, 1965. The defendant insurers admitted the insurance contracts, the correctness and timeliness of the filing of proofs of loss, as well as the amount of the loss. They denied coverage on the ground that Mr. Montalvo, either as an individual or acting...

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