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UNITED INS. CO. v. LUTZ

No. 1 CA-CV 10-0464.

258 P.3d 229 (2011)

UNITED INSURANCE COMPANY OF AMERICA, an Illinois insurance company, Plaintiff/Appellant, v. Erik T. LUTZ and Amy K. Lutz, husband and wife, Defendants/Appellees.

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

June 16, 2011.

Attorney(s) appearing for the Case

Brier, Irish, Hubbard & Erhart, PLC By Timothy H. Barnes , Craig T. Irish , Phoenix, Attorneys for Plaintiff/Appellant.

Titus, Brueckner, Levine & Johnson, PC By David A. Fitzgerald , Scottsdale, Attorneys for Defendants/Appellees.

OPINION

IRVINE, Judge.

¶ 1 United Insurance Company of America ("United") appeals the superior court's summary judgment in favor of Erik T. and Amy K. Lutz on United's claim for breach of guaranty. For the following reasons, we reverse and remand this matter for further proceedings.

FACTS AND PROCEDURAL HISTORY

¶ 2 Eric and Amy Lutz were the sole members of WKL, LLC. In July 2003, WKL entered into a contract to purchase a building...

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