GOV'T EMPLOYEES INS. CO. v. SUPERIOR COURT, ETC.

No. 2 CA-CIV 2242.

27 Ariz. App. 219 (1976)

553 P.2d 672

GOVERNMENT EMPLOYEES INSURANCE COMPANY, a corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF SANTA CRUZ, Honorable Lloyd Fernandez, Judge thereof by assignment pursuant to Rule 42 (f), Arizona Rules of Civil Procedure, Manuel M. Montoya and Jane Doe Montoya, husband and wife, Carmen Y. Montoya, Frank Montoya and Lucy Montoya, husband and wife, Tony Jimenez and Brenda Jimenez, husband and wife, Tony Jimenez, Guardian ad Litem of Joseph Jimenez, Tony Jimenez, Guardian ad Litem of Norma Jimenez, John Does I through X, Jane Does I through X, real parties in interest, Respondents.

Court of Appeals of Arizona, Division 2.

August 11, 1976.


Attorney(s) appearing for the Case

Holesapple, Conner, Jones & Johnson by William W. Edwards, Tucson, for petitioner.

Solsberry & McDonald by John R. Perry, Jr., Nogales, for real parties in interest Manuel M. Montoya, Carmen Montoya and Carmen Montoya Estrada.

E. Leigh Larson, Nogales, for real party in interest Lucy Montoya.


OPINION

KRUCKER, Judge.

Was an insurance policy effectively cancelled when notice of cancellation had been given as required by the insurance policy provisions, although the insureds had not received notice of cancellation? Petitioner-insurer instituted a declaratory judgment action seeking an affirmative answer to this question and then moved for summary judgment in its favor on the basis of supporting documents and affidavits. Respondents opposed the motion...

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