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AMERICAN FAMILY MUT. INS. CO. v. ZAVALA

No. 01-683-PHX-DGC.

302 F.Supp.2d 1108 (2003)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Plaintiff, v. Jay Timothy ZAVALA and Jane Doe Zavala, husband and wife; Margaret Zavala and John Doe Zavala, wife and husband; James and Angela Davin, husband and wife, Defendants. James Davin and Angela Davin, Counter claimants, v. American Family Mutual Insurance Company, a Wisconsin corporation, Counter defendant. James Davin and Angela Davin, Third-Party Plaintiffs, v. William H. Doyle and Jane Doe Doyle, husband and wife, Doyle Winthrop, P.C., an Arizona professional corporation, Third-Party Defendants.

United States District Court, D. Arizona.

December 20, 2003.

Attorney(s) appearing for the Case

Kent Jeffrey Hammond, Rudolph & Rudolph LLC, Scottsdale, AZ, Carl F. Mariano, Esq, Lynn M. Allen, Esq, Kevin L. Jensen, Mariano & Allen PLC, Phoenix, AZ, for Plaintiff.

Mark W. Arnett, Esq, Arnett & Arnett, Tempe, AZ, for Defendants.

ORDER

CAMPBELL, District Judge.

Plaintiff American Family Mutual Insurance Company ("American Family") issued a homeowner's insurance policy to defendants Jay and Margaret Zavala. The Zavalas subsequently were sued in state court by James and Angela Davin (the "Davins") for the wrongful death of the Davins' son. During the state court lawsuit, the Davins sought and obtained from the Zavalas an assignment of the Zavalas' claims against American Family for...

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