DATE STREET CAPITAL, LLC v. CLEARCOVER INSURANCE COMPANY

No. 2 CA-CV 2023-0065.

DATE STREET CAPITAL, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, Plaintiff/Appellant, v. CLEARCOVER INSURANCE COMPANY, AN ARIZONA DOMESTIC INSURER, Defendant/Appellee.

Court of Appeals of Arizona, Division Two.

Filed November 21, 2023


Attorney(s) appearing for the Case

Law Offices of Adam B. Decker PLLC, Tempe, By Adam B. Decker Counsel for Plaintiff/Appellant.

Elardo, Bragg, Rossi & Palumbo P.C., Phoenix, By John A. Elardo Counsel for Defendant/Appellee.

Judge Eckerstrom authored the opinion of the Court, in which Presiding Judge Brearcliffe and Judge Kelly concurred.


OPINION

¶1 In this automobile insurance coverage dispute, Date Street Capital, LLC appeals from the superior court's dismissal of its complaint for failure to state a claim. For the following reasons, we vacate the dismissal and remand for further proceedings consistent with this opinion.

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