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MOUNTAIN STATES, ETC. v. AETNA CAS. & SUR. CO.

No. 1 CA-CIV 3180.

116 Ariz. 225 (1977)

568 P.2d 1123

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, and Frederick J. Miller and Marjorie Miller, husband and wife, Appellees. Frederick J. MILLER and Marjorie Miller, husband and wife, Cross-Appellants, v. AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, Cross-Appellee.

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

Rehearing Denied July 15 and July 20, 1977.

Review Denied September 15, 1977.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon & Udall, P.C. by Michael Preston Green, Ruth V. McGregor, Phoenix, for Mountain States Telephone & Telegraph Co.

Meadow & Nastro by Daniel E. Nastro, Phoenix, for Millers.

Black, Robertshaw, Frederick, Copple & Wright, P.C., by Steven D. Copple, Phoenix for Aetna.

OPINION

WREN, Judge.

This appeal presents the novel questions of (1) whether an employee may bring action against his employer for uninsured motorists benefits when he has previously accepted workmen's compensation benefits from that employer and (2) whether an Arizona employer who has qualified as a self-insurer under A.R.S. § 28-1222 is required by A.R.S. § 20-259.01 to provide uninsured motorist coverage...

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