LAWRENCE v. BENEFICIAL FIRE & CASUALTY INS. CO.

No. 1 CA-CIV 510.

8 Ariz. App. 155 (1968)

444 P.2d 446

Herbert C. LAWRENCE and Ola Mae Lawrence, his wife; Sam Van Dyke and Almaetie Van Dyke, his wife, Appellants, v. BENEFICIAL FIRE & CASUALTY INSURANCE COMPANY and Central Mutual Insurance Company, Appellees.

Court of Appeals of Arizona.

Rehearing Denied September 27, 1968.

Review Denied November 12, 1968.


Attorney(s) appearing for the Case

Harold Goldman and Charles H. Ripps, Phoenix, for appellants.

Gust, Rosenfeld & Divelbess, by Richard A. Segal, Phoenix, for appellee Beneficial Fire & Casualty Ins. Co.

O'Connor, Cavanagh, Anderson, West over, Killingsworth & Beshears, by Thomas A. McGuire, Phoenix, for appellee Central Mutual Ins. Co.


FREY, Superior Court Judge.

This is an appeal by the plaintiffs (appellants) from a judgment granting defendants' (appellees') motion to dismiss and further granting summary judgment against plaintiffs' Count I for declaratory judgment as to the rights and duties of plaintiffs and defendants under the "uninsured motorist" clause of a policy of insurance issued to plaintiffs by defendants.

The only issue involved is whether an unknown motorist proximately causing...

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