GREAT SOUTHWEST FIRE INS. v. TRIPLE "I" INS.

No. 2 CA-CIV 5678.

151 Ariz. 280 (1986)

727 P.2d 333

GREAT SOUTHWEST FIRE INSURANCE COMPANY, an Arizona corporation; and Dairyland Insurance Company, a Wisconsin corporation, Plaintiffs/Counterdefendants/Appellees, v. TRIPLE "I" INSURANCE SERVICES, INC., an Arizona corporation; Ernest Lee Powell and Constance Powell, husband and wife, Defendants/Counterclaimants/Appellants.

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

March 19, 1986.


Attorney(s) appearing for the Case

Kaplan, Jacobowitz, Byrnes, Rosier & Hendricks, P.A. by H. Whitfield Crail, Jr., Scottsdale, for plaintiffs/counterdefendants/appellees.

Berry & Martori, Ltd. by Frederick C. Berry, Jr., Phoenix, for defendants/counterclaimants/appellants.


BIRDSALL, Judge.

This appeal is from the judgment of the trial court in favor of the appellees and against the appellant Triple I Insurance Services and Andrew M. Berry and his wife. The Berrys have not appealed from the judgment. The appellees' claim against the appellants Ernest Powell and his wife was dismissed without prejudice by the trial court because they had filed a Chapter 7 bankruptcy petition in Federal Court on July 5, 1983, prior to the trial in this...

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