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LASMA CORP. v. MONARCH INS. CO. OF OHIO

No. CV 87-0315-PR.

159 Ariz. 59 (1988)

764 P.2d 1118

LASMA CORPORATION, an Arizona corporation, and Lasma Arabians, Ltd., a limited partnership; William C. Zekan and Betty Zekan, husband and wife, Plaintiffs-Appellees Cross-Appellants, v. MONARCH INSURANCE COMPANY OF OHIO, an Ohio corporation; and Frelinghuysen Livestock Managers, Inc., Defendants-Appellants Cross-Appellees.

Supreme Court of Arizona, En Banc.

Reconsideration Denied December 1, 1988.

Attorney(s) appearing for the Case

Lewis and Roca by Susan M. Freeman, Randolph J. Haines, and Foster Robberson, Phoenix, for plaintiffs-appellees cross-appellants Lasma.

Rawlings, Burrus, Lewkowitz & Feinstein, P.C. by R. Stewart Halstead, and Jeffrey S. Leonard, Phoenix, for plaintiffs-appellees cross-appellants Zekan.

Fisher and Smith by H. Richmond Fisher, and Francis P. Smith, Phoenix, for defendants-appellants cross-appellees.

JACOBSON, Court of Appeals Judge.

The issue raised by this review of a decision of the Court of Appeals, Division 2, 159 Ariz. 55, 764 P.2d 1114 (App. 1987) is whether the term "sound health" of an animal in a mortality insurance policy refers to the actual health of the animal, the policyholder's belief in the sound health of the animal, or something in between.

This matter was presented...

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