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IN RE DIAMOND BENEFITS LIFE INS.

No. CV-95-0105-CQ.

184 Ariz. 94 (1995)

907 P.2d 63

In re DIAMOND BENEFITS LIFE INSURANCE COMPANY. DIAMOND BENEFITS LIFE INSURANCE COMPANY, an Arizona corporation in Receivership, by and through Lawrence J. Warfield, Special Deputy Receiver for Diamond Benefits Life Insurance Company, Plaintiff, v. RESOLUTE HOLDINGS, INC., a Delaware corporation; Adventist Health System/West and Joint Health Ventures; Michael Bucci; Multicor, Inc.; Dooley Rucker Maris; Bence & Morales, P.C.; Gerald Armand; Charles Christopher; Marshall Dooley; Sheldon Whitehouse; F. Spartin; William Spartin; Kathie Fallon; Peter Fallon; Sheila Durfee; Jane and Charles Christopher; Sandra Dooley; Jane and Arthur Karma; Burrillville Land Company; Carlsberg Management Company; Kathie and William Geary; RHI Holding; Six Corporation; Hilltop Developers; Sammy Reeder; Wayne Reeder; Chromalloy American; Canadian Universal; Atlantic Universal; Allied Holding Inc., Defendants.

Supreme Court of Arizona, En Banc.

December 5, 1995.

Attorney(s) appearing for the Case

Ayers & Brown, P.C. by Charles K. Ayers, Robert Bruce Washburn, Phoenix, and Guttilla & Murphy by Nicholas C. Guttilla, Eileen T. Baldwin, Phoenix, for Plaintiff.

White, Cummings & Longino by David L. White, Phoenix, and Arter & Hadden, by John R. Tate, Los Angeles, California, for Defendants.

OPINION

MOELLER, Vice Chief Justice.

FACTS AND PROCEDURAL HISTORY

The issue presented comes to us as a certified question of law from the United States District Court for the District of Arizona pursuant to the provisions of A.R.S. § 12-1861 and Rule 27, Rules of the Supreme Court.

Diamond Benefits Life Insurance Company (Diamond Benefits) is an Arizona insurance carrier. In December 1988, the State, through its...

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