Date Street Capital, LLC v. Clearcover Insurance Company ...

Syllabus

In granting an automobile insurer's motion to dismiss under Rule 12(b)(6), Ariz. R. Civ. P., did the trial court err in refusing to treat the motion as one for summary judgment, which would have provided the automobile lienholder an opportunity to discover the insurance contract -- rescinded by the insurer for legal fraud by the insured -- and thereby argue that the contract's loss payable clause assigned independent contractual rights to the lienholder?