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EMPIRE FIRE AND MARINE INSURANCE CO. v. DURAN

No. 1 CA-CIV 2633.

26 Ariz. App. 329 (1976)

548 P.2d 422

EMPIRE FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Katherine E. DURAN and Dora Marceline Coates, Appellees.

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

Rehearing Denied May 28, 1976.

Review Denied June 29, 1976.

Attorney(s) appearing for the Case

Renaud, Cook, Miller & Cordova, P.A., by Robert H. Renaud, John H. Seidel, Phoenix, for appellant.

James H. Green, Jr., Phoenix, for appellee Duran.

Vern E. Gasser, Phoenix, for appellee Coates.

OPINION

JACOBSON, Presiding Judge.

The issues involved in this appeal from a declaratory judgment deal with the effect of the trial court's judgment casting an indemnity insurance policy in terms of a liability policy; whether the driver of a vehicle was legally a permissive user; and if so, whether, under the terms of the policy involved here, the insurer is liable for acts caused by the permissive user.

On December 20, 1970, J. Michael Nichols was...

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