FARMERS INS. EXCHANGE v. UDALL

No. 1 CA-SA 18-0081.

424 P.3d 420 (2018)

793 Ariz. Adv. Rep. 23

FARMERS INSURANCE EXCHANGE, a foreign corporation; ABC Corporations I-X; XYZ Partnerships, Petitioners, v. The Honorable David UDALL, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, EcoDry Restoration of Arizona, L.L.C., an Arizona limited liability company; Arizona Restoration Pros, L.L.C., an Arizona limited liability company, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

FILED June 12, 2018.


Attorney(s) appearing for the Case

Jones, Skelton & Hochuli, P.L.C., Phoenix, By Donald L. Myles, Jr. , Lori L. Voepel (argued), Sarah E. Epperson , Counsel for Petitioners.

Ehmke Law PLC, Mesa, By Joshua T. Ehmke , Counsel for Real Parties in Interest.

Perry Childers Hanlon & Hudson, PLC, Phoenix, By James A. Robles , Counsel for Amicus Curiae Arizona Association of Defense Counsel.

Insurance Defense Law Group, L.L.C., Scottsdale, By Joseph P. Rocco , Jason S. Carr , Counsel for Amici Curiae Pekin and Stillwater Insurance Companies.

Judge Paul J. McMurdie delivered the opinion of the Court, in which Presiding Judge Diane M. Johnsen and Judge David D. Weinzweig joined.


OPINION

¶ 1 Four homeowners insured by Farmers Insurance Exchange ("Farmers") hired EcoDry Restoration of Arizona, LLC ("EcoDry") to repair water damage to their homes. In each case, the insureds assigned to EcoDry their "rights, benefits, proceeds and causes of action" under the policies. After Farmers refused to...

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