PORTER v. EMPIRE FIRE AND MARINE INSURANCE CO.

No. 2 CA-CIV 779.

12 Ariz. App. 2 (1970)

467 P.2d 77

James T. PORTER, Appellant, v. The EMPIRE FIRE AND MARINE INSURANCE COMPANY, a Nebraska corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 4, 1970.

Review Granted June 2, 1970.


Attorney(s) appearing for the Case

William T. Healy, Tucson, for appellant.

Lesher & Scruggs, by Robert O. Lesher, Tucson, for appellee.


HATHAWAY, Judge.

Can Porter recover against his own carrier under the uninsured motorist coverage when, after settlement with others, an insufficient $2,500 remains of the negligent driver's insurance? This question was decided against the appellant when the trial court granted the appellee's motion to dismiss the appellant's lawsuit for breach of an implied covenant of an insurance policy.

The appellant and for other persons were injured as a proximate result...

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