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COLUMBUS LIFE INSURANCE v. WILMINGTON TRUST

No. CV-22-0202-CQ.

532 P.3d 757 (2023)

COLUMBUS LIFE INSURANCE COMPANY, Plaintiff, v. WILMINGTON TRUST, N.A., Defendant.

Supreme Court of Arizona.

Filed July 27, 2023.

Attorney(s) appearing for the Case

Nancy R. Giles , Laura C. Martinez , Giles Law, PLLC, Phoenix; Brian D. Burack (argued), Michael J. Miller , Ilya Schwartzburg , Cozen O'Connor, Philadelphia, PA, Attorneys for Columbus Life Insurance Company.

J. Steven Sparks , Vincent R. Miner , Sanders & Parks, P.C., Phoenix; Julius A. Rousseau, III (argued), Arentfox Schiff LLP, New York, NY, Attorneys for Wilmington Trust, N.A.

Jimmie W. Pursell , Alexander J. Egbert , Jennings, Strouss & Salmon, P.L.C., Phoenix; Andrew C. Smith , Adam Marcu , Pillsbury Winthrop Shaw Pittman LLP, New York, NY, Attorneys for Amicus Curiae Institutional Longevity Markets Association.

Taylor Young , Taylor Young Appeals PLLC, Phoenix; Stephen C. Baker , John B. Dempsey , Brian J. Levy , Myers, Brier & Kelly, LLP, Scranton, PA, Attorneys for Amicus Curiae American Council of Life Insurers.

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

¶1 Before us is the following certified question: "Does Arizona law permit an insurer to challenge the validity of a life insurance policy based on a lack of insurable interest after the expiration of the two-year contestability period required by A.R.S. § 20-1204?" For the reasons explained below...

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