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PARSONS v. CONTINENTAL NATIONAL AMERICAN GROUP

No. 2 CA-CIV 1688.

23 Ariz. App. 597 (1975)

535 P.2d 17

Ruth PARSONS, a single woman, Dawn Parsons and Gall Parsons, minors, by and through their guardian ad litem, Donald S. Robinson; and Michael Smithey, by his guardian ad litem, Appellants, v. CONTINENTAL NATIONAL AMERICAN GROUP, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 20, 1975.

Review Granted September 18, 1975.

Attorney(s) appearing for the Case

Robertson, Molloy, Fickett & Jones, P.C. by Michael J. Meehan, and Burton J. Kinerk, Tucson, for appellants.

Chandler, Tullar, Udall & Richmond by D.B. Udall, Tucson, for appellee.

OPINION

HATHAWAY, Judge.

The Parsons garnished Continental National American Group, hereinafter referred to as CNA, upon the liability coverage of a homeowner's policy for the Smithey family. The carrier denied any indebtedness, placing coverage and related questions in issue.

The issues tried at the garnishment trial were the applicability of an intentional act exclusion of the policy; whether CNA was

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