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NORTHERN INS. CO. OF N.Y. v. SUPERIOR COURT OF PIMA

No. 9411.

104 Ariz. 235 (1969)

450 P.2d 693

NORTHERN INSURANCE COMPANY OF NEW YORK, a corporation, Petitioner, v. The SUPERIOR COURT OF PIMA COUNTY; the Honorable Richard N. Roylston, Judge of the Pima County Superior Court; Travelers Indemnity Company, a corporation; and Roger Lindus, a minor child, by and through his Guardian ad Litem, Robert S. Tullar, Respondents.

Supreme Court of Arizona. In Banc.

February 19, 1969.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Robert G. Beshears, Phoenix, for petitioner.

Kramer, Roche, Burch, Streich & Cracchiolo, by Daniel Cracchiolo and B. Michael Dann, Phoenix, for respondents The Superior Court of Pima County, The Honorable Richard N. Roylston, Judge of the Pima County Superior Court, and Travelers Indemnity Co.

Fennemore, Craig, von Ammon, McClennen & Udall, by Calvin H. Udall and Richard A. Miller, Phoenix, for respondent, Lindus.

LOCKWOOD, Vice Chief Justice:

Roger Lindus recovered judgment for personal injuries against one Nelson in the amount of $92,500. Nelson was an insured under a comprehensive homeowners insurance policy issued by Northern Insurance Company of New York, hereinafter referred to as Northern, and under a policy of family automobile insurance issued by Travelers Indemnity Company, hereinafter referred to as Travelers.

Lindus brought a declaratory judgment suit against...

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