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LINDUS v. NORTHERN INSURANCE COMPANY OF NEW YORK

No. 2 CA-CIV 261.

6 Ariz. App. 298 (1967)

432 P.2d 157

Roger LINDUS, a minor child, by and through his Guardian ad Litem, Robert S. Tullar, Appellant, v. NORTHERN INSURANCE COMPANY OF NEW YORK, a corporation, and the Travelers Insurance Company, a corporation, also known as the Travelers Indemnity Company, Appellees.

Court of Appeals of Arizona.

Review Granted December 7, 1967.

Attorney(s) appearing for the Case

Fennemore, Craig, Allen & McClennen, by Calvin H. Udall, Phoenix, for appellant.

Spaid, Fish, Briney & Duffield, by William Spaid, Tucson, for appellee Northern Ins. Co. of New York.

Kramer, Roche, Burch, Streich & Cracchiolo, by William P. French, Phoenix, for appellee Travelers Ins. Co.

HATHAWAY, Chief Judge.

We have thoroughly considered appellant's motion for rehearing who strenuously urges therein that "* * * delay in giving notice of the accident is not a defense" in view of Sandoval v. Chenoweth, 102 Ariz. 241, 428 P.2d 98 (1967), decided by our Supreme Court subsequent to oral arguments in the instant cause. We believe that our opinion is consistent with Sandoval where...

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