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ALLSTATE INS. CO. v. DRUKE

No. 13429-PR.

118 Ariz. 301 (1978)

576 P.2d 489

ALLSTATE INSURANCE COMPANY, Petitioner, v. The Honorable William E. DRUKE, Judge of the Superior Court, and the Honorable James C. Carruth, Judge of the Superior Court, Respondents, and Letha Pancoe, Linda Vincent, Oliver B. Mitchell, Jerrold S. Huffstetler, Barbara Huffstetler, Kenneth Pearman, and Connie Pearman, the Real Parties in Interest, Respondents. Letha PANCOE, Linda Vincent, Oliver B. Mitchell, Jerrold S. Huffstetler, Barbara Huffstetler, Kenneth Pearman, and Connie Pearman, the Real Parties in Interest, Cross-Petitioners, v. The Honorable William E. DRUKE, Judge of the Superior Court, and the Honorable James C. Carruth, Judge of the Superior Court, Respondents and Allstate Insurance Company, the Real Party in Interest, Cross-Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 28, 1978.

Attorney(s) appearing for the Case

Slutes, Browning, Zlaket & Sakrison, P.C. by Thomas A. Zlaket, Tucson, for petitioner and real party in interest Allstate.

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman and Nanette M. Warner, Tucson, for respondents real parties in interest and cross-petitioners.

Corcoran, Magness & Hofmann by John F. Corcoran, San Manuel, memorandum amicus curiae Marion L. Hampton, Jr. and Ruben A. Chavez.

Fennemore, Craig, von Ammon & Udall by Calvin H. Udall, Phoenix, memorandum amici curiae.

CAMERON, Chief Justice.

This is a petition for review of a decision of the Court of Appeals, Division Two, which held in a special action proceeding that it was error for the trial court to deny the motion of the defendant Allstate Insurance Company for summary judgment.

We take jurisdiction pursuant to Rule 47(b), Rules of the Supreme Court, 17A A.R.S.

We must answer two questions on appeal:

1. Was Allstate's policy provision requiring reimbursement...

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