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KNIPP v. ARIZ. PROP. & CAS. INS.

No. 2 CA-CV 87-0072.

156 Ariz. 137 (1987)

750 P.2d 895

Sandra Ellen KNIPP, individually and as Personal Representative of the Estate of Michael Ray Knipp, Deceased, for and on Behalf of herself and on Behalf of Duane Michael Knipp, a minor, and Walter Paul Knipp, a minor, By and Through their Next Friend, Sandra Ellen Knipp, and Georgia Knipp, Plaintiffs/Appellees, v. ARIZONA PROPERTY & CASUALTY INSURANCE GUARANTY FUND, Defendant/Appellant.

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

Reconsideration Denied October 6, 1987.

Review Denied March 15, 1988.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Scott E. Boehm, William B. Perkins, Phoenix, for plaintiffs/appellees.

Hastings & Hastings by Susan G. Hastings, Phoenix, for appellee Georgia Knipp.

Black, Robertshaw, Copple & Pozgay, P.C. by Steven D. Copple and Amy L. Rosenthal, Phoenix, for defendant/appellant.

OPINION

HATHAWAY, Judge.

The personal representative and surviving beneficiaries in a wrongful death action (the Knipps) filed a motion for summary judgment, seeking a determination that under A.R.S. § 20-667 the maximum obligation of the Arizona Property & Casualty Insurance Guaranty Fund (the Fund) is $100,000 for each individual statutory beneficiary. The trial court granted the motion and the Fund now appeals, contending that as a matter of law...

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