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PORTER v. EMPIRE FIRE AND MARINE INSURANCE COMPANY

No. 10051-PR.

106 Ariz. 274 (1970)

475 P.2d 258

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

Supreme Court of Arizona, In Banc.

October 8, 1970.

Attorney(s) appearing for the Case

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

William T. Healy, Tucson, for appellant.

American Trial Lawyers Assn., Arizona Chapter by William B. Revis, Langerman, Begam & Lewis, Phoenix, for amicus curiae.

McFARLAND, Justice.

There is no dispute as to the simple facts involved on this review. The plaintiff-respondent, James T. Porter (Porter) received injuries in an automobile accident caused solely by the negligence of one Joseph B. Fitch (Fitch). Four other persons, not parties to this action, were injured along with Porter. Fitch carried liability insurance with the Employer's Group in the minimum amounts of $10,000 for each person, $20,000 per occurrence and $5...

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