STATE FARM MUT. AUTO. INS. CO. v. TRANSP. INDEM. CO

No. 1 CA-CIV 1504.

16 Ariz. App. 49 (1971)

490 P.2d 1177

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Appellant, v. TRANSPORT INDEMNITY COMPANY, a California corporation, Appellee.

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

Rehearing Denied December 27, 1971.

Review Granted January 25, 1972.


Attorney(s) appearing for the Case

Lewis & Roca, by John P. Frank, Phoenix, for appellant.

Snell & Wilmer, by H. William Fox, Phoenix, for appellee.


JACOBSON, Presiding Judge.

This appeal requires the Court to determine whether or not a negligent business owner was a "user" of a pickup truck within the terms of an omnibus clause of an automobile insurance policy, when he was in the process of loading the same with liquid petroleum gas.

On October 19, 1965, R.L. Cook and Lawrence Hall loaded an empty 80 gallon LP gas tank onto a 1957 Dodge pickup owned by James Hedrick. The pickup was then driven to the...

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