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NICHOLAS v. CAROLINA CASUALTY COMPANY

No. 1 CA-CIV 1387.

17 Ariz. App. 252 (1972)

497 P.2d 72

Claude Wayne NICHOLAS et al., Appellants, v. CAROLINA CASUALTY COMPANY, a corporation, Appellee.

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

Rehearing Denied June 7, 1972.

Review Denied July 13, 1972.

Attorney(s) appearing for the Case

Paul G. Rees, Jr., Tucson, and Richards & Heilman by Jeff Richards, Yuma, for appellants.

Robert W. Nebeker, Yuma, for appellee.

JACOBSON, Judge.

We are primarily presented in this appeal with the question of the effect of the failure of an insurance company to deny insurance coverage to the Financial Responsibility Section of the Arizona Highway Department pursuant to A.R.S. § 28-1142, subsec. D.

This appeal arose out of a declaratory judgment action brought by appellee, Carolina Casualty Co., seeking a determination of its duty...

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