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ALLSTATE INS. CO. v. DRUKE

No. 2 CA-CIV 2609.

118 Ariz. 315 (1977)

576 P.2d 503

ALLSTATE INSURANCE COMPANY, Petitioner, v. The Honorable William E. DRUKE, Judge of the Superior Court, and the Honorable James C. Carruth, Judge of the Superior Court, Respondents, and Letha Pancoe, Linda Vincent, Oliver B. Mitchell, Jerrold S. Huffstetler, Barbara Huffstetler, Kenneth Pearman, and Connie Pearman, the Real Parties in Interest, Respondents. Letha PANCOE, Linda Vincent, Oliver B. Mitchell, Jerrold S. Huffstetler, Barbara Huffstetler, Kenneth Pearman, and Connie Pearman, the Real Parties in Interest, Cross-Petitioners, v. The Honorable William E. DRUKE, Judge of the Superior Court, and the Honorable James C. Carruth, Judge of the Superior Court, Respondents, and Allstate Insurance Company, the Real Party in Interest, Cross-Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 5, 1977.

Review Granted November 8, 1977.

Attorney(s) appearing for the Case

Slutes, Browning, Zlaket & Sakrison, P.C. by Thomas A. Zlaket, Tucson, for petitioner and real party in interest Allstate.

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman and Nanette M. Warner, Tucson, for respondents real parties in interest and cross-petitioners.

OPINION

HATHAWAY, Judge.

Petitioner, hereinafter referred to as Allstate, is the defendant in a pending superior court class action which, although alleging five counts, in essence attacks the validity of a provision in Allstate's automobile insurance policy concerning medical payments coverage. Allstate now challenges the respondent court's denial of its motion for summary judgment.

The Allstate liability insurance agreement provides in the General...

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