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UNIVERSAL UNDERWRITERS INS. CO. v. ALLSTATE INS. CO.

No. 1 CA-CIV 1319.

14 Ariz. App. 304 (1971)

483 P.2d 45

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a corporation, Appellant, v. ALLSTATE INSURANCE COMPANY, a corporation, Appellee.

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

Rehearing Denied April 16, 1971.

Review Denied May 19, 1971.

Attorney(s) appearing for the Case

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

Moore, Romley, Kaplan, Robbins & Green by Craig R. Kepner, Phoenix, for appellee.

EUBANK, Judge.

This is a controversy between an insurer of "garage operations" and an automobile liability insurer of a customer of the garage over which had the primary duty to defend against and satisfy a personal injury claim which arose when an employee of the garage drove the customer's car into the injured person, who was on a public right of way adjacent to the garage. An "excess" insurance clause applicable to the garage coverage and the decision of our Supreme...

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