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RUTHERFORD v. JOHN O'LEXEY'S BOAT & YACHT INS.

No. 1 CA-CIV 3506.

118 Ariz. 380 (1978)

576 P.2d 1380

Andy RUTHERFORD, Jr., a single man, Appellant, v. JOHN O'LEXEY'S BOAT & YACHT INSURANCE, LTD., a Foreign Corporation, Robert O. Cummins and Lee Roy C. Kellis dba Cummins & Kellis, Robert O. Cummins and Jane Doe Cummins, husband and wife, and Lee Roy C. Kellis, and Jane Doe Kellis, husband and wife, Appellees.

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

Rehearing Denied February 21, 1978.

Review Denied March 7, 1978.

Attorney(s) appearing for the Case

Fogel & Lamber, P.A. by Dennis M. Lamber, Phoenix, for appellant.

Boettcher, Crowder & Schoolitz by Harry Schoolitz, Jr., Scottsdale, for appellee O'Lexey.

Jennings, Strouss & Salmon by Neil Vincent Wake, Grady Gammage, Jr., Phoenix, for Cummins & Kellis.

OPINION

JACOBSON, Judge.

On July 6, 1973, appellant, Andy Rutherford, Jr., entered the office of appellee, Cummins and Kellis Insurance Agency (Cummins & Kellis), to purchase liability insurance in connection with the operation of a motorboat which he intended to use for the first time on the weekend of July 7-8, 1973.

After discovering that Mr. Rutherford's boat was home-made and which no standard company...

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