SCHWAB v. STATE FARM FIRE & CAS. CO.

No. 2 CA-CIV 2121.

27 Ariz. App. 747 (1976)

558 P.2d 942

Jason SCHWAB, a minor, by and through his next friend, Deborah Jane Acosta, Appellant, v. STATE FARM FIRE & CASUALTY CO., a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 9, 1976.

Petition for Review Denied December 14, 1976.


Attorney(s) appearing for the Case

Miller, Pitt & Feldman by Janice A. Wezelman, Tucson, for appellant.

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


HATHAWAY, Judge.

This is a case in which Cynthia Mary Schwab, the named insured under a policy issued by appellant, was killed while a passenger in her own vehicle driven by a permissive user. The surviving child of the named insured brought suit against the permissive user. Appellee, State Farm Insurance, denied coverage on the ground that the policy excluded coverage for bodily injuries to the named insured. Appellant sought a declaratory judgment that State Farm...

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