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MARYLAND CASUALTY COMPANY v. CLEMENTS

No. 1 CA-CIV 1063.

15 Ariz. App. 216 (1971)

487 P.2d 437

MARYLAND CASUALTY COMPANY, a corporation, Home Indemnity Company, a corporation, Appellants, v. C.A. CLEMENTS and E. Ray Cowden, copartners, to the use and benefit of C.A. Clements et al., Appellees.

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

Rehearing Denied October 4, 1971.

Review Denied November 9, 1971.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Lee E. Esch and William F. Haug, Phoenix, for appellant Home Indemnity Co.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Robert G. Beshears and David L. Haga, Phoenix, for appellant Maryland Casualty Co.

Snell & Wilmer by John E. Lundin, Phoenix, for appellees.

HAIRE, Judge.

Several questions are presented on this appeal from the judgment entered by the trial court against the defendant-appellant fidelity insurers. Appellant Maryland Casualty Company (Maryland) raises five specific questions, with appellant Home Indemnity Company (Home) joining as to the first question only.

We will first discuss the mainstream facts relevant to the question raised by both appellants. This question concerns whether prior to the issuance...

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