STATE v. AZ. PROPERTY & CAS. INS.

No. 1 CA-CV 97-0488.

966 P.2d 557 (1998)

192 Ariz. 390

STATE of Arizona, Plaintiff-Appellee, v. ARIZONA PROPERTY AND CASUALTY INSURANCE GUARANTY FUND, Defendant-Appellant.

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

August 27, 1998.


Attorney(s) appearing for the Case

Surrano & Massey, P.C. by Kenneth Januszewski, Charles J. Surrano Phoenix, for Defendant-Appellant.

LaMar & Grasso, P.C. by Steven A. LaMar, Clarisse R. McCormick, Scottsdale, for Plaintiff-Appellee.


EHRLICH, Judge.

¶ 1 This appeal presents the question whether the State of Arizona ("State") may sue the Arizona Property and Casualty Insurance Guaranty Fund ("Fund") when the Fund refuses to pay a claim after the State's insurer has become insolvent. We conclude that it may.

FACTS AND PROCEDURAL HISTORY

¶ 2 In 1983, the Arizona Department of Transportation ("ADOT") entered a contract with Ball, Ball & Brossamer ("BB & B...

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