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BALLESTEROS v. AMERICAN STANDARD

No. 2 CA-CV 2009-0123.

222 P.3d 292 (2009)

Luis BALLESTEROS and Alma Ballesteros, husband and wife; Guadalupe Portillo; Gerardo Portillo; Ricardo Portillo; Manuel Portillo; Ruben Portillo; Guadalupe Portillo Jr.; and Patricia Yerena, Plaintiffs/Appellees, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, a foreign corporation doing business in the state of Arizona as American Family Insurance Company; American Family Mutual Insurance Company, a foreign corporation doing business in the state of Arizona; Shirlee Kopin; and Shawn D. Morris, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

December 23, 2009.

Attorney(s) appearing for the Case

Law Office of Elliot Glicksman, P.L.L.C. By Elliot Glicksman, and Gabroy, Rollman & Bossé, P.C. By John Gabroy and Richard Brown, Tucson, Attorneys for Plaintiffs/Appellees.

Lewis and Roca LLP By Steven J. Hulsman, Brenden J. Griffin, and Lawrence A. Kasten, Tucson, Attorneys for Defendants/Appellants.

Modrall, Sperling, Roehl, Harris & Sisk, P.A. By Brian K. Nichols, Albuquerque, NM, Attorneys for Amicus Curiae Progressive Casualty Insurance Company.

OPINION

VÁSQUEZ, Judge.

¶ 1 American Standard Insurance Company of Wisconsin ("American Standard") appeals the trial court's grant of partial summary judgment in favor of Luis Ballesteros, his wife, and other statutory beneficiaries of decedent Manuela Portillo (collectively "Ballesteros") on their breach of contract claim arising out of an automobile insurance policy and the court's denial of American Standard's motions for partial summary...

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