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WESTERN AGR. INS. v. INDUS. INDEM. INS.

No. 1 CA-CV 90-568.

172 Ariz. 592 (1992)

838 P.2d 1353

WESTERN AGRICULTURAL INSURANCE COMPANY, an Arizona corporation, Plaintiff-Appellant, v. INDUSTRIAL INDEMNITY INSURANCE COMPANY, a California corporation, Defendant-Appellee.

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

August 25, 1992.

Attorney(s) appearing for the Case

Gallagher & Kennedy by Kevin E. O'Malley, Judith A. Morse and G. Starr Rounds, Phoenix, for plaintiff-appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Larry L. Smith and Michael R. Altaffer, Phoenix, for defendant-appellee.

OPINION

GARBARINO, Judge.

Appellant Western Agriculture Insurance Company ("Western") sued Industrial Indemnity Insurance Company ("Industrial") seeking contribution for the payment of a fire loss to premises leased by Industrial's insured to Western's insured.

Appellant raises three issues for our consideration:

1. Does the doctrine of equitable contribution apply to the facts of this case?

2. Does the "other insurance" provision in...

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