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GILBREATH v. ST. PAUL FIRE & MARINE INS. CO.

No. 1 CA-CIV 5590.

141 Ariz. 113 (1983)

685 P.2d 750

Michelle GILBREATH, a minor, Through her natural mother and next friend, Diana HASSL, formerly Diana Vayda; Diana Hassl, Plaintiffs-Appellees, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

Rehearing Denied July 7, 1983.

Review Granted September 22, 1983.

Attorney(s) appearing for the Case

Tucker & Shoush by Kenneth L. Tucker and Jon C. Dake, Phoenix, for plaintiffs-appellees.

Jones, Skelton & Hochuli by William R. Jones, Jr., Don C. Stevens, II, Edward G. Hochuli, Phoenix, for defendant-appellant.

OPINION

EUBANK, Judge.

This is an appeal by St. Paul Fire and Marine Insurance Company (Insurer) from a declaratory judgment in favor of Michelle Gilbreath (Michelle) holding the Insurer liable under its policy No. 689NA4386 which insured Paul and Helen Overdorff (Overdorffs), owners and operators of a business named Young Years Child Care, irrespective of Endorsement Number 2 of the policy.

Two issues are presented in this appeal:

(1) Whether...

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