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DAIRYLAND INSURANCE COMPANY v. LOPEZ

No. 2 CA-CIV 1626.

22 Ariz. App. 309 (1974)

526 P.2d 1264

DAIRYLAND INSURANCE COMPANY, a corporation, Appellant, v. Hector LOPEZ and Jo Ann Lopez, his wife, Appellees.

Court of Appeals of Arizona, Division 2.

October 10, 1974.

Attorney(s) appearing for the Case

George Sorenson, Jr., Phoenix, for appellant.

Miller, Pitt & Feldman, P.C. by Jeffrey H. Schwartz and Stanley G. Feldman, Tucson, for appellees.

OPINION

HOWARD, Judge.

This is an appeal from a summary judgment in an action for a declaratory judgment challenging the validity of the following uninsured motorist coverage provision in the automobile insurance policy issued by appellant to appellees:

"This endorsement does not apply: * * * (b) to bodily injury to an insured with respect to which such insured, his legal representative or any person entitled to payment under this endorsement shall...

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