TENCZA v. AETNA CASUALTY & SURETY COMPANY

No. 2 CA-CIV 1542.

21 Ariz. App. 552 (1974)

521 P.2d 1010

Mathews C. TENCZA and Gladys Bonhardt Tencza, husband and wife, and 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 & SURETY COMPANY, a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 5, 1974.

Review Granted July 2, 1974.


Attorney(s) appearing for the Case

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

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


OPINION

KRUCKER, Judge.

This is an appeal from a declaratory judgment in favor of appellee-insurer concerning a coverage issue.

In December, 1971, Theresa Bonhardt, daughter of Mrs. Tencza and stepdaughter of Mr. Tencza, was struck and killed by an uninsured vehicle near Tucson, Arizona. An insurance policy issued by appellee to Mr. Tencza contained an uninsured motorist endorsement providing coverage...

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