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FIDELITY AND DEPOSIT CO. v. BONDWRITER S.W.

No. 1 CA-CV 09-0612.

263 P.3d 633 (2011)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff/Appellant/Cross-Appellee, v. BONDWRITER SOUTHWEST, INC.; David G. Sparks; Jane Sparks; Katherine Stanton, Defendants/Third Party Plaintiffs/Appellees/Cross-Appellants.

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

July 28, 2011.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP by Karen L. Karr , Dominique Barrett , Phoenix, Attorneys for Plaintiff/Appellant/Cross-Appellee.

Curtis Ensign, P.L.L.C. by Curtis Ensign , Phoenix, Attorneys for Defendant/Appellee/Cross-Appellant.

OPINION

GEMMILL, Judge.

¶ 1 Fidelity and Deposit Company of Maryland ("Fidelity") sued Bondwriter Southwest, Inc., David Sparks, and Katherine Stanton (collectively "Bondwriter") for breach of contract and negligence. After a three-day bench trial, the court ruled in Fidelity's favor on both claims and found Fidelity sustained damages in excess of $511,000. The court also concluded that Bondwriter was only five percent at fault and awarded Fidelity...

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