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BEAUDRY v. INSURANCE CO. OF THE WEST

No. 1 CA-CV 01-0384.

50 P.3d 836 (2002)

203 Ariz. 86

Lee BEAUDRY, William Gruwell, Ray Korte, III, William Mason, Karl Moedl, Tony Komadina, Tom Quebedeaux, and W. Knox Ramsey, Jr., Trustees of the Arizona Automobile Dealer's Association Worker's Compensation Trust, Plaintiffs-Appellants, v. INSURANCE COMPANY OF THE WEST, a foreign corporation, Defendant-Appellee.

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

As Amended July 26, 2002.

Attorney(s) appearing for the Case

Sacks Tierney P.A. By Mark D. Dillon and James W. Armstrong, Scottsdale, Attorneys for Plaintiffs-Appellants.

Holloway Odegard Sweeney & Evans, P.C. By James W. Evans and Gregorio M. Garcia, Phoenix, Attorneys for Defendant-Appellee.

OPINION

THOMPSON, Judge.

¶ 1 Appellants, who are trustees of the Arizona Automobile Dealer's Association Worker's Compensation Trust (the Trust), challenge the trial court's grant of summary judgment in favor of appellee Insurance Company of the West (ICW) in this dispute over ICW's decision to decrease the amount of policyholder dividends paid for the 1995-96 policy year. For the following reasons, we reverse the judgment and remand for further proceedings...

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