U.S. FID. & GUAR. CO. v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1539.

114 Ariz. 472 (1977)

561 P.2d 1244

UNITED STATES FIDELITY AND GUARANTY COMPANY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Doris Kay Austin (widow), Gary R. Austin (Deceased), Respondent Employee, General Transportation, Inc., Respondent Employer, Continental Casualty Company/CNA, Respondent Carrier.

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

Rehearing Denied March 10, 1977.

Review Denied March 29, 1977.


Attorney(s) appearing for the Case

Moore & Romley by Craig R. Kepner, Phoenix, for petitioner.

John H. Budd, Jr., Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Jennings, Strouss & Salmon by Steven C. Lester, Ronald H. Moore, Phoenix, for respondent Carrier.


OPINION

FROEB, Chief Judge.

We are asked to determine in this case whether the petitioning insurance carrier must provide coverage for death benefits.

The covered employee, Gary R. Austin, died in an accident on September 7, 1974, while driving a truck for General Transportation, Inc. (referred to as "General"). His widow and six children surviving him thereafter filed a claim pursuant to appropriate provisions of the Workmen's Compensation Act of...

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