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EMPLOYERS M.L.I. CO. OF WIS v. ROBERT E. McKEE G.C.

No. 2 CA-CIV 959.

16 Ariz. App. 77 (1971)

491 P.2d 27

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, a corporation, Appellant, v. ROBERT E. McKEE GENERAL CONTRACTORS, INC., a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

December 9, 1971.

Attorney(s) appearing for the Case

Browder, Gillenwater & Daughton by Robert W. Browder, Phoenix, for appellant.

Mesch, Marquez & Rothschild by Tom R. Clark, Tucson, for appellee.

HOWARD, Judge.

Appellant insured, the Howard P. Foley Company, filed an amended third-party complaint against the appellee and others1 (the parties hereinafter shall be referred to as Employers, Foley, and McKee). Foley sought to recover $50,000 damages for an alleged breach of contract to procure liability insurance. Employers was substituted for Foley as the real party in interest and prosecuted the action which terminated in the judgment...

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