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DUNCAN v. PROGRESSIVE PREFERRED INS. CO.

No. 1 CA-CV 10-0265.

258 P.3d 216 (2011)

Melissa DUNCAN, a single woman, Plaintiff/Appellant, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, on behalf of The Estate of George Pop, Intervenor/Appellee.

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

June 9, 2011.

Attorney(s) appearing for the Case

Tidmore Law Offices, L.L.P. By Mick Levin , Phoenix, Attorneys for Plaintiff/Appellant.

Law Offices of Michael E. Baraban By Trevor H. Gardner , Scottsdale, Attorneys for Intervenor/Appellee.

Kutak Rock LLP By Michael W. Sillyman , Vanessa R. Brown , Scottsdale, Attorneys for Amicus Curiae Property Casualty Insurers of America.

Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. By Stanley G. Feldman , Tucson, and Knapp & Roberts, P.C. By David L. Abney , Scottsdale, Co-Counsel for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

OPINION

GEMMILL, Judge.

¶ 1 The superior court dismissed Melissa Duncan's personal injury action after granting a motion to dismiss based on insufficiency of process. We conclude that the motion to dismiss in this tort action was an impermissible collateral attack on the order appointing a special administrator and the letters of administration from a related probate proceeding, Maricopa County Superior Court Cause Number PB 2009-001596. Accordingly...

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