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LEFLET v. REDWOOD FIRE AND CAS. INS. CO.

No. 1 CA-CV 09-0663.

247 P.3d 180 (2011)

Charles LEFLET; Carlos Bustamonte; and Cynthia Sampley, on behalf of themselves and all others similarly situated, Plaintiffs/Appellants, v. REDWOOD FIRE AND CASUALTY INSURANCE COMPANY; West American Insurance Company; The Ohio Casualty Insurance Company; American Fire & Casualty Insurance Company; Auto-Owners Insurance Company; Transportation Insurance Company and Transcontinental Insurance Company, Defendants/Appellees.

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

January 20, 2011.

Attorney(s) appearing for the Case

Duke Gerstel Shearer, LLP by Andrew F. Lloyd and Alan R. Johnston , (Admitted Pro Hac Vice), San Diego, CA, Attorneys for Plaintiffs/Appellants.

Meagher & Geer, P.L.L.P. by Thomas H. Crouch , Kurt M. Zitzer and John C. Hendricks , Scottsdale, Attorneys for Defendants/Appellees Transportation Insurance Company and Transcontinental Insurance Company.

Graif Barrett & Matura, P.C. by Kevin Barrett and Jay R. Graif , Phoenix, Attorneys for Defendant/Appellee Auto-Owners Insurance Company and Redwood Fire and Casualty Insurance Company.

The Cavanagh Law Firm, P.A. by Scott A. Salmon , Cassandra V. Meyer , and Taylor C. Young , Phoenix, Attorneys for Defendants/Appellees West American Insurance Company, Ohio Casualty Insurance Company, and American Fire & Casualty Insurance Company.

SWANN, Judge.

¶ 1 In this construction defect class action, the Plaintiff homeowners entered into a settlement agreement with the Defendant developer, Hancock Communities, LLC, and HC Builders, Inc., (collectively, "Hancock") and two of Hancock's insurers: Commercial Underwriters Insurance Company ("CUIC") and Clarendon America Insurance Company ("Clarendon") (collectively, the "Direct Insurers"). Invoking United Services Automobile Ass'n v. Morris, ...

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