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NOWELL v. DAWN-LEAVITT AGENCY, INC.

No. 1 CA-CIV 4321.

127 Ariz. 48 (1980)

617 P.2d 1164

Wanda NOWELL, Plaintiff-Appellant, v. DAWN-LEAVITT AGENCY, INC., a corporation; and William Dawn and Carol Dawn, his wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Denied September 17, 1980.

Review Denied October 7, 1980.

Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Henderson by James M. Koontz, and Frederick G. Gamble, Phoenix, for plaintiff-appellant.

Moore, Jennings, Kepner, Scheffing & Hart by Craig R. Kepner and Jack R. Cunningham, Phoenix, for defendants-appellees.

HAIRE, Judge.

The plaintiff-appellant, Wanda Nowell, acting as her own general contractor, constructed a residence on the south slope of Camelback Mountain. She purchased a standard "homeowner's" policy from Transamerica Insurance Company through the appellee, Dawn-Leavitt Agency, Inc. Some three years later a torrential rainstorm occurred in the area which sent water, mud and rocks over and through a diversion wall which she had built, and through the house, resulting...

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