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ROCKY MOUNTAIN FIRE & CAS. CO. v. ALLSTATE INS. CO.

No. 1 CA-CIV 1178.

13 Ariz. App. 31 (1970)

474 P.2d 38

ROCKY MOUNTAIN FIRE & CASUALTY COMPANY, a Washington corporation, Appellant, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Paul E. Quinlan and Dortha Quinlan, his wife, and Michael D. Foster, Administrator for the Estate of James J. McGowan, Deceased, Appellees.

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

Rehearing Denied December 2, 1970.

Review Granted January 19, 1971.

Attorney(s) appearing for the Case

Burch, Cracchiolo, Levie & Guyer, by Dan Cracchiolo, Phoenix, for appellant.

Moore, Romley, Kaplan, Robbins & Green, by Craig R. Kepner, Phoenix, for Allstate Ins. Co.

Hunter, Bartlett, Penn & Lerch, by Wm. Penn, Phoenix, for Quinlan.

S.R. Hutchison, Phoenix, for Quinlan and Foster.

JACOBSON, Judge.

We are called upon in this appeal from a declaratory judgment entered by the Superior Court of Maricopa County, to determine as between two different insurance companies, the effect of an "escape clause" in one policy and an "excess insurance clause" in another policy where both policies may provide coverage to one insured.

Plaintiff-appellant, ROCKY MOUNTAIN FIRE & CASUALTY COMPANY, hereinafter referred to as "Rocky Mountain", brought...

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