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COLORADO CAS. INS. CO. v. SAFETY CONTROL

No. 1 CA-CV 10-0871.

269 P.3d 693 (2012)

COLORADO CASUALTY INSURANCE COMPANY, a Colorado corporation, Plaintiff/Appellee, v. SAFETY CONTROL COMPANY, INC., an Arizona corporation; Employer's Mutual Casualty Company, an insurance company, Defendant/Appellant, Hugo Roman, an individual, Intervenor/Appellee.

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

January 5, 2012.

Attorney(s) appearing for the Case

Raymond Greer & Sassaman PC By Daniel W. McCarthy , Michael J. Raymond , Phoenix, Attorneys for Defendant/Appellant Safety Control Co., Inc.

Stinson Brown By William G. Stinson, Jr. , Glendale, and William H. Douglas , PLLC By William H. Douglas, Scottsdale, Attorneys for Defendant/Appellant Employer's Mutual Casualty Co.

The Rees Law Firm By David W. Rees , Tucson, Attorneys for Plaintiff/Appellee.

Fennemore Craig PC By Julio M. Zapata , John D. Everroad , Alexander R. Arpad , Phoenix, Attorneys for Intervenor/Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 We address in this case the validity and effect of a Damron agreement a contractor and its excess insurer entered into that assigned their rights to sue the primary insurer.1 We hold the agreement is enforceable but remand for a determination of whether the stipulated judgment falls within the primary insurer's policy.

FACTS AND...

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