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TENCZA v. AETNA CASUALTY AND SURETY COMPANY

No. 11606-PR.

111 Ariz. 226 (1974)

527 P.2d 97

Mathews C. TENCZA and Gladys Bonhardt Tencza, husband and wife, Gladys Bonhardt Tencza, mother and surviving relative of Theresa Bonhardt, Deceased, and John Does 1 through 10, surviving relatives of Theresa Bonhardt, deceased, Appellants, v. AETNA CASUALTY AND SURETY COMPANY, a corporation, Appellee.

Supreme Court of Arizona, In Banc.

October 15, 1974.

Attorney(s) appearing for the Case

Laber, Lovallo & Colarich by Sidney F. Wolitzky, Tucson, for appellants.

Everett, Bury & Moeller by J. Michael Moeller, Tucson, for appellee.

HOLOHAN, Justice.

Aetna Casualty and Surety Company issued to Mathews Tencza an automobile liability policy containing uninsured motorist coverage. It brought this declaratory judgment action to determine whether it was liable under the policy for the death of the insured's stepdaughter, who was killed when she was struck by an uninsured pickup truck. Trial was to the court without a jury, and judgment was rendered for the plaintiff insurance carrier. On appeal, the...

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