JAMES v. AETNA LIFE & CASUALTY

No. 2 CA-CIV 2016.

26 Ariz. App. 137 (1976)

546 P.2d 1146

Marvin JAMES and Barbara H. James, individually and as husband and wife and as surviving parents of John Marvin James, Deceased minor, Appellants, v. AETNA LIFE & CASUALTY, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 14, 1976.


Attorney(s) appearing for the Case

Law offices of Richard D. Grand by James G. Heckbert, Tucson, for appellants.

Chandler, Tullar, Udall & Richmond by D.B. Udall, Tucson, for appellee.


OPINION

HOWARD, Chief Judge.

When will deviation from permissive use preclude coverage under the omnibus clause? That is the issue to be determined in this appeal from the judgment entered after a bench trial.

Appellants are the parents of a sixteen-year old boy who was killed when a vehicle driven by Leonard Robles collided with the rear-end of a vehicle the boy was attempting to rig for tow, crushing him between the disabled and towing vehicles....

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