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ZUCKERMAN v. TRANSAMERICA INS. CO.

No. 15661.

133 Ariz. 139 (1982)

650 P.2d 441

Raymond ZUCKERMAN and Gerald Zuckerman, Plaintiffs-Appellees, v. TRANSAMERICA INSURANCE COMPANY, a corporation, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

Rehearing Denied September 14, 1982.

Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal, Phoenix, for defendant-appellant.

Fred J. Pain, Jr., Phoenix, for plaintiffs-appellees.

FELDMAN, Justice.

Transamerica appeals from the judgment of the trial court which awarded the plaintiff, Zuckerman, damages on a fire loss claim. We assumed jurisdiction pursuant to Rule 19(e), Rules of Civil Appellate Procedure, 17A A.R.S.

On July 27, 1975, a fire substantially destroyed property belonging to the plaintiff, Zuckerman. Transamerica had covered Zuckerman for fire loss by a policy which contained a clause requiring that any action for recovery...

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