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HOLT v. UTICA MUT. INS. CO.

No. 1 CA-CIV 8927.

157 Ariz. 471 (1987)

759 P.2d 617

William G. HOLT and William D. Holt, Plaintiffs-Appellees, v. UTICA MUTUAL INSURANCE COMPANY, Garnishee Defendant-Appellant.

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

June 2, 1987.

Attorney(s) appearing for the Case

Langerman, Begam, Lewis & Marks by Stanley J. Marks, Phoenix, for plaintiffs-appellees.

Sorenson, Moore, Evens & Burke by Patrick E. Burke, and John S. Schaper, Phoenix, for Garnishee defendant-appellant.

OPINION

GREER, Judge.

This litigation involves garnishment proceedings in which a judgment creditor sought the proceeds of an errors and omissions policy issued to an insurance broker. The primary issue on appeal is whether Sandoval v. Chenoweth, 102 Ariz. 241, 428 P.2d 98 (1967) precludes the insurer from defending against the creditor on grounds that the insured breached his duty...

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