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NUCOR CORP. v. EMPLOYERS INS. CO. OF WAUSAU

Nos. 1 CA-CV 10-0174, 1 CA-CV 10-0454.

296 P.3d 74 (2012)

NUCOR CORPORATION, Plaintiff/Appellant/Cross-Appellee, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant/Appellee/ Cross-Appellant, and Hartford Accident and Indemnity Company, Defendant/Appellant/Cross-Appellee. Nucor Corporation, Plaintiff/Appellant, v. Employers Insurance Company Of Wausau, Defendant/Appellee.

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

November 23, 2012.

Attorney(s) appearing for the Case

Winston & Strawn, LLP by Scott P. DeVries , Pro Hac Vice, Yelitza V. Dunham , Pro Hac Vice, San Francisco, and Fennemore Craig, P.C. by Timothy Berg Christopher L. Callahan , Theresa Dwyer-Federhar , Phoenix, Attorneys for Plaintiff/Appellant/Cross-Appellee Nucor Corporation.

Barber Law Group by Bryan M. Barber , Pro Hac Vice, San Francisco, and Ryley Carlock & Applewhite PA by John C. Lemaster , Phoenix, Attorneys for Defendant/Appellee/Cross-Appellant Employers Insurance Company of Wausau,

Gordon & Rees LLP by David C. Capell , Pro Hac Vice, San Francisco, and Bowman and Brook LLP by Thomas M. Klein , Phoenix, Attorneys for Defendant/Appellant/Cross-Appellee Hartford Accident and Indemnity Company.

OPINION

PORTLEY, Judge.

¶ 1 Nucor Corporation ("Nucor"), Hartford Accident and Indemnity Company ("Hartford"), and the Employers Insurance Company of Wausau ("Wausau") challenge rulings the trial court made in resolving indemnity and defense costs claims. As we explain, we affirm in part, reverse in part and remand for further proceedings.1

FACTS AND PROCEDURAL BACKGROUND

¶ 2 The City of Phoenix detected...

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