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¶9 “If ‘matters outside the pleading’ are considered, the motion must be treated as one for summary judgment.” ¶ 9, accord Ariz. R. Civ.

Decision of the Court I. The Trial Court Correctly Dismissed Silver Point’s Claim under the Federal Excess Policy ¶16 We review the dismissal of a complaint under Arizona Rule of Civil Procedure 12(b)(6) de novo.3 ¶ 7 (2012).

P. 12(b)(6) (requiring the conversion of a motion to dismiss for failure of the pleading to state a claim to one for summary judgment once matters outside of the pleading are presented to and not excluded by the court); ¶ 9, (stating the requirement).

¶ 17 (App. 2014) (-56, ¶¶ 7-8 (2012)).

¶ 9, (holding, in deciding motion to dismiss for failure to state a claim, court may consider pleading and “complaint’s exhibits, or public records regarding matters referenced in a complaint”).

¶ 7, N. Peak Constr., LLC v. Architecture Plus, Ltd., ¶ 13

¶5 We review de novo the dismissal of a complaint for failure to state a claim, ¶ 7 (2012), and will affirm only if a plaintiff "would not be entitled to relief under any facts susceptible of proof in the statement of the claim," Mohave Disposal

Coleman 3 -56, ¶¶ 7, 9 (2012).

plaintiffs would not be entitled to relief under any interpretation of the facts susceptible of proof.” ¶ 8, (citation omitted).

DISCUSSION ¶6 “Dismissal of a complaint under Rule 12(b)(6) is reviewed de novo.” ¶ 7