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TRANSAMERICA INSURANCE CO. v. TRICO INT'L, INC.

No. 2 CA-CIV 5488.

149 Ariz. 104 (1985)

716 P.2d 1041

TRANSAMERICA INSURANCE COMPANY, a California corporation, Plaintiff/Appellant, v. TRICO INTERNATIONAL, INC., a Nevada corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied April 8, 1986.

Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal, and Brian Holohan, Phoenix, for plaintiff/appellant.

Fennemore, Craig, von Ammon, Udall & Powers by Calvin H. Udall, and Reed C. Tolman, Phoenix, for defendant/appellee.

OPINION

LIVERMORE, Judge.

Defendant, Trico International, Inc., designed an irrigation and flood control system for the insured of plaintiff, Transamerica Insurance Company. Flood waters subsequently escaped from that system and the insured was held strictly liable for the resulting damages. Transamerica, as subrogee, now seeks indemnity from Trico on the theory that Trico's negligent design of the system caused the escape of the flood waters. The issue in...

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