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ML SERVICING CO., INC. v. COLES

No. 1 CA-CV 13-0282.

334 P.3d 745 (2014)

ML SERVICING CO., INC., an Arizona corporation; and ML Liquidating Trust, Plaintiffs/Appellants, v. Ashley COLES, individually and in her capacity as Trustee of the Ashley M. Coles Family Trust, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

September 16, 2014.

Attorney(s) appearing for the Case

Stinson Leonard Street LLP By Michael C. Manning , and James E. Holland, Jr. , Phoenix, Hinshaw & Culbertson LLP by E. Scott Dosek , Jennifer R. Friedman , Michael Ronald Ayers , Phoenix, Co-Counsel for Plaintiffs/Appellants.

Kercsmar & Feltus PLLC By Todd Feltus , and Julia A. Guinane , Scottsdale, Counsel for Defendant/Appellee Ashley Coles.

Presiding Judge PATRICIA A. OROZCO delivered the opinion of the Court, in which Judge LAWRENCE F. WINTHROP and Judge KENTON D. JONES joined.

OPINION

OROZCO, Judge.

¶ 1 Appellants ML Servicing Co., Inc. (ML Servicing) and ML Liquidating Trust (collectively Appellants) appeal from the trial court order dismissing its action pursuant to Arizona Revised Statutes (A.R.S.) section 20-1131 (2010), a statute that prevents creditors of a deceased insured from claiming life insurance proceeds to repay the decedent's debts, and from the trial court's award of attorney fees to Appellee Ashley Coles...

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