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WALKER v. AUTO-OWNERS INS. CO.

No. CV-21-0236-CQ.

517 P.3d 617 (2022)

Gerald WALKER, III, and Ada Walker, Plaintiffs, v. AUTO-OWNERS INSURANCE COMPANY, a foreign company, Defendant.

Supreme Court of Arizona.

Filed: September 27, 2022.

Attorney(s) appearing for the Case

Thomas Joseph Snodgrass (argued), Snodgrass Law LLC, Minneapolis, MN; Robert D. Ryan , Law Offices of Robert D. Ryan, PLC, Phoenix, Attorneys for Gerald and Ada Walker.

Todd A. Noteboom (argued), Stinson LLP, Minneapolis, MN; Sharon W. Ng , Stinson LLP, Phoenix, Attorneys for Auto-Owners Insurance Company.

Thomas B. Dixon , Dixon Law Offices, P.L.C., Phoenix, Attorney for Amicus Curiae United Policyholders.

Gena L. Sluga and Katharine A. Myers , Christian, Dichter & Sluga, P.C., Phoenix, Attorneys for Amici Curiae American Property Casualty Insurance Association and National Association of Mutual Insurance Companies.

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

¶1 The United States District Court for the District of Arizona certified two questions to this Court: (1) When a homeowner's insurance policy does not define the terms "actual cash value" or "depreciation," may an insurer depreciate the costs of both materials and labor in determining the actual cash value...

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