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State Courts -
Arizona - September 9 - September 22, 2008
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Chapman v. The Westerner, 2 CA-CV 2008-0023,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 22, 2008, Decided
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Overview: Summary judgment was reversed and remanded because the trial court erred when it found, in contradiction of the parties' agreement, that the first appraisal could not be revised or modified for any reason, when the parties intended the appraiser to perform the appraisal in accordance with its own business practices and uniform standards.
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Pacheco v. Hartford Fire Ins. Co. (In re Pacheco), 2 CA-CV 2007-0135,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 22, 2008, Decided
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Overview: Under Ariz. Rev. Stat. ?? 14-5417, 14-5419, conservator was required to act as fiduciary for estate and account for assets she controlled; when she failed to perform duties, surety became liable for defaults pursuant to express terms of the bond. Bond was not voidable based on counsel's failure to inform surety of certain facts about conservator.
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