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GOMEZ v. GREAT AMERICAN INSURANCE COMPANY

No. 2 CA-CIV 2044.

26 Ariz. App. 394 (1976)

548 P.2d 1206

Rodriguez M. GOMEZ, a minor, by his mother and next best friend, Josephine Rios, Lorenzo Flores, Edward Salvicio, Individually, and as the surviving father of Marilyn Salvicio, Deceased, and Josephine Rios, as surviving daughter of Maria Juana Jose, Deceased, Appellants, v. GREAT AMERICAN INSURANCE COMPANY, a New York Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 2, 1976.

Review Denied July 13, 1976.

Attorney(s) appearing for the Case

Emojean K. Girard, Leslie J. Gilbertson, W. Edward Morgan, Tucson, for appellants.

Anderson & Anderson, John S. Schaper, Phoenix, for appellee.

OPINION

KRUCKER, Judge.

This was a declaratory judgment action brought by appellee, Great American Insurance Company, for a determination of whether it had a duty to defend or pay any judgment against an employee of its insured, Capin's Automatic Car Wash, Inc. Defendants-appellants, who were the plaintiffs in a personal injury action against Capin's employee, John Flores, counter-claimed for a judgment declaring that Flores was covered. On cross motions for...

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