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BERGTHOLD v. INSURANCE CO. OF STATE OF PA.

No. 2 CA-CIV 2218.

115 Ariz. 164 (1977)

564 P.2d 387

Patricia M. BERGTHOLD and Frank G. Woodruff, Appellants, v. INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 23, 1977.

Review Denied March 22, 1977.

Attorney(s) appearing for the Case

Robertson, Molloy, Fickett & Jones, P.C. by Michael J. Meehan and Gary F. Howard, Tucson, for appellants.

Fish, Briney, Duffield & Miller, P.C. by Richard Duffield, Tucson, for appellee.

HOWARD, Chief Judge.

This is an action by appellants, owners of an Arabian mare, to collect on a livestock mortality policy after the animal's death. The pertinent facts are as follows.

Patricia Bergthold and Frank Woodruff purchased an insurance policy on the life of their mare, Merriment, from appellee, Insurance Company of the State of Pennsylvania. The policy was to be effective for a period of one year commencing on April 3, 1973 and terminating on April...

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