CINDRICH v. FIREMAN'S FUND INSURANCE COMPANY

No. 2 CA-CIV 386.

6 Ariz. App. 371 (1967)

432 P.2d 919

John CINDRICH, Jr., and Charles Cindrich, dba Cindrich Construction, Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Appellee.

Court of Appeals of Arizona.

Rehearing Denied December 18, 1967.

Review Denied January 30, 1968.


Attorney(s) appearing for the Case

Russo, Cox & Dickerson, by Vernon F. Dickerson, Tucson, for appellants.

Chandler, Tullar, Udall & Richmond, by James L. Richmond, Tucson, for appellee.


MOLLOY, Judge.

This appeal presents the problem of interpreting an exclusionary clause in a liability insurance policy. The question is whether a certain truck was "in charge of" or "in the care, custody or control" of the insured at the time it was destroyed by fire.

There is no dispute as to the facts and the case was determined on motion for summary judgment in favor of the insurance company.

The insured had talked with the owner of a large dump...

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