PENN-AMERICA INS. CO. v. SANCHEZ

No. 1 CA-CV 06-0792.

202 P.3d 472 (2008)

PENN-AMERICA INSURANCE COMPANY, a Pennsylvania corporation, Plaintiff/Counter-Defendant/Appellee, v. Alice SANCHEZ individually and as Conservator for the Estates of Maria Guadalupe Leon, Juanita P. Hernandez, Crystal M. Camacho and Alice Francisca Ramirez; Jessica Leon; Blanca P. Leon; Esmeralda Leon; Carmen Ramirez; Maria Esther Gonzalez; Verta Alisia Arias as Conservator of the Estate of Jacob Ramirez; Manuela Ibarra and Jose Luis Gonzalez, Counter-Claimants/Appellants.

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

Review Withdrawn February 10, 2009.


Attorney(s) appearing for the Case

Doyle Berman Murdy PC By William H. Doyle, Teresa Hayashi Wales, D. Andrew Bell, Phoenix, Attorneys for Plaintiff/Counterdefendant/Appellee.

Richard Sheinson, Phoenix, Attorney for Appellant Gonzalez/Arias.

Lucia Stark Williamson LLP By Michael P. Stark, Curt W. Clausen, Phoenix, Co-Counsel for Sanchez/Leon/Ramirez/Ibarra/Gonzalez.

Montoya Jimenez PC By Augustine B. Jimenez, III, Phoenix, Co-Counsel for Sanchez/Leon/Ramirez/Ibarra/Gonzalez.

James F. Brook and Associates By James F. Brook John N. Vingelli, Scottsdale, Co-Counsel for Sanchez/Leon/Ramirez/Ibarra/Gonzalez.


OPINION

GEMMILL, Chief Judge.

¶ 1 If a liability insurance company unequivocally defends its insured for 10 months before attempting to reserve the right to contest coverage, what factors must be considered in determining if the insurance company has lost the right to assert its coverage defenses? The trial court granted summary judgment to the insurer after determining that the insured had not been prejudiced by the delayed reservation of rights. For...

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