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AMERICAN PEPPER SUPPLY CO. v. FED. INS. CO.

No. CV-03-0290-PR.

93 P.3d 507 (2004)

208 Ariz. 307

AMERICAN PEPPER SUPPLY COMPANY, Plaintiff-Appellant, Cross-Appellee, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee, Cross-Appellant.

Supreme Court of Arizona, En Banc.

July 15, 2004.

Attorney(s) appearing for the Case

Herman, Goldstein & Forsyth, P.C. by Keith B. Forsyth and Evan S. Goldstein, Phoenix, Attorneys for Plaintiff-Appellant, Cross-Appellee.

Sanders & Parks, P.C. by Robert J. Bruno and Mark R. Gilling, Phoenix, Attorneys for Defendant-Appellee, Cross-Appellant.

Humphrey & Petersen, P.C. by Andrew J. Petersen, Phoenix, Attorneys for Amicus Curiae, The Arizona Association of Defense Counsel.

OPINION

BERCH, Justice.

¶ 1 We granted review to determine the appropriate burden for proving an insurer's policy defense of concealment or misrepresentation. We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution, and Arizona Revised Statutes ("A.R.S.") section 12-120.24 (2003).

BACKGROUND

¶ 2 On Tuesday, August 27, 1996, American Pepper Supply Company reported...

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