BRENNER v. AETNA INSURANCE COMPANY

No. 2 CA-CIV 530.

8 Ariz. App. 272 (1968)

445 P.2d 474

Stanley BRENNER, Appellant, v. AETNA INSURANCE COMPANY, a corporation; and Mission Insurance Company, a corporation, Appellees.

Court of Appeals of Arizona.

Rehearing Denied October 24, 1968.

Review Denied March 25, 1969.


Attorney(s) appearing for the Case

Joseph H. Soble, John G. Stompoly, Tucson, for appellant.

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

Lesher, Scruggs, Rucker, Kimble & Lindamood, by D. Thompson Slutes, Tucson, for appellee Mission Ins. Co.


MOLLOY, Judge.

The appellant, Stanley Brenner, was accidentally shot by James Luzadder while both were riding as passengers in a motor vehicle owned by Luzadder. The question on appeal in this declaratory judgment action is whether either of two insurance companies has the duty to defend Luzadder in a damage suit commenced against him by Brenner.

The facts are simple and, insofar as critical, without dispute. Brenner, Luzadder and one Hardy went on a hunting...

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