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CENTERPOINT MECH. v. COMMONWEALTH LAND

No. 1 CA-CV 21-0039.

530 P.3d 1151 (2023)

CENTERPOINT MECHANIC LIEN CLAIMS, LLC, Plaintiff/Appellant/Appellee, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Defendant/Appellee/Appellant.

Court of Appeals of Arizona, Division 1.

Filed May 23, 2023.

Attorney(s) appearing for the Case

Perkins Coie LLP, Phoenix, By Richard M. Lorenzen (argued), P. Derek Petersen , Counsel for Plaintiff/Appellant/Appellee.

Jones Skelton & Hochuli PLC, Phoenix, By Robert R. Berk , Lori L. Voepel , Charles M. Callahan , Jonathan P. Barnes, Jr. , Counsel for Defendant/Appellee/Appellant.

Loeb & Loeb LLP, NY, By David M. Satnick (argued), Helen Gavaris , Co-Counsel for Defendant/Appellee/Appellant.

Judge Brian Y. Furuya delivered the opinion of the Court, in which Presiding Judge David D. Weinzweig and Judge Jennifer M. Perkins joined.

OPINION

¶1 Centerpoint Mechanic Lien Claims, LLC ("CMLC") appeals the grant of summary judgment on its insurance contract coverage claims in favor of Commonwealth Land Title Insurance Co. ("Commonwealth"). Because in so ruling, the superior court impermissibly applied contractual liability defenses to coverage questions...

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