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eBook details

• Title: Mister Donut of America Inc. v. Harris
• Author : Arizona Supreme Court
• Release Date : January 23, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appellant Aetna Life & Casualty Company (Aetna) appeals from summary judgment for appellee Westfield Insurance Company (Westfield) on Westfields claim for declaratory relief and damages arising out of Aetnas denial of coverage on an automobile liability claim on which Westfield paid uninsured motorist benefits. The appeal presents the following issues for our consideration: (1) whether the trial court correctly determined that Jarvis, who was towing a disabled automobile covered by Aetnas automobile liability policy, was "using" the covered automobile within the meaning of the omnibus clause in Aetnas policy; (2) whether the trial court correctly determined that an exclusion in the Aetna policy for persons engaged in the business of selling, repairing, servicing, storing or parking vehicles was inapplicable; and (3) whether the exclusion, if applicable, was nevertheless void to the extent of the $15,000 statutory minimum liability coverage required by the Uniform Motor Vehicle Safety Responsibility Act, A.R.S. § 28-1101 et seq.

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