NAVAJO FREIGHT LINES, INC. v. LIBERTY MUT. INS.

No. 1 CA-CIV 1038.

12 Ariz. App. 424 (1970)

471 P.2d 309

NAVAJO FREIGHT LINES, INC., a corporation, and James R. Masters and Lola K. Masters, his wife, et al., Appellants, v. LIBERTY MUTUAL INSURANCE CO., a corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied July 30, 1970.

Review Denied October 20, 1970.


Attorney(s) appearing for the Case

Dushoff, Sacks & Corcoran, by Seymour Sacks, and Stephen L. Weiss, Phoenix, for appellants.

Gust, Rosenfeld & Divelbess, by Richard A. Segal, Phoenix, for appellee.


HAIRE, Judge.

On this appeal the appellants seek to impose liability upon the appellee insurer for damages caused by a negligent driver alleged to be an omnibus insured under a policy issued by the appellee. The trial court found that the negligent driver, LeRoy Vann, was not at the time of the accident driving the vehicle with the named insured's permission, and therefore was not an omnibus insured.

In the trial court appellee sought a declaratory judgment...

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