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BENSON v. CASA DE CAPRI ENTERPRISES, LLC

No. CV-20-0331-CQ.

502 P.3d 461 (2022)

Jacob BENSON, an individual; Joseph Benson; Deborah Benson, husband and wife; K.B., a minor, by and through Jacob Benson, guardian ad litem, Plaintiffs/Appellants, v. CASA DE CAPRI ENTERPRISES, LLC, an Arizona limited liability company; Unknown Parties, named as John Does 1-20; ABC Corporations I-X; XYZ Partnerships I-X, Defendants/Appellees, Continuing Care Risk Retention Group, Inc., Garnishee, Real Party in Interest/Appellee.

Supreme Court of Arizona.

Filed January 20, 2022.

Attorney(s) appearing for the Case

H. Micheal Wright , David R. Schwartz (argued), Udall Shumway, PLC, Mesa; Steven S. Guy , The Guy Law Firm, PLLC, Scottsdale, Attorneys for Jacob Benson, Joseph Benson, Deborah Benson, and K.B.

Steven G. Mesaros , Brian E. Cieniawski , Renaud Cook Drury Mesaros, PA, Phoenix; Terri A. Sutton (argued), Cozen O'Connor, Seattle, WA, Attorneys for Continuing Care Risk Retention Group, Inc.

JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, and MONTGOMERY joined.

¶1 The United States Court of Appeals for the Ninth Circuit certified the following questions to this Court: (1) In a garnishment action by a judgment creditor against the judgment debtor's insurer claiming that coverage is owed under an insurance policy, where the judgment creditor is not proceeding on...

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