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MARINE v. ALLSTATE INSURANCE COMPANY

No. 2 CA-CIV 768.

12 Ariz. App. 229 (1970)

469 P.2d 121

James W. MARINE, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 10, 1970.

Review Denied July 7, 1970.

Attorney(s) appearing for the Case

Rees, Estes & Browning, by Paul G. Rees, Jr., Tucson, for appellant.

Lesher & Scruggs, P.C., by William J. Schafer, III, Tucson, for appellee.

HOWARD, Chief Judge.

The appellant filed suit against the appellee to recover disability income benefits allegedly due under a policy of insurance issued by the appellee. The appellee counterclaimed for rescission. At the trial of the action, counsel stipulated that all instructions be waived and that the jury be merely asked for answers to two interrogatories.1 The jury answered the interrogatories...

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