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ATKINS v. PACIFIC INDEM. INS. GROUP

Nos. 1 CA-CIV 4126, 1 CA-CIV 4136.

125 Ariz. 46 (1979)

607 P.2d 29

Alex M. ATKINS, Jr., Appellant, v. PACIFIC INDEMNITY INSURANCE GROUP, a California Corporation, Appellee. PACIFIC INDEMNITY INSURANCE GROUP, a California Corporation, Cross-Appellant, v. Alex M. ATKINS, Jr., Cross-Appellee.

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

Rehearing Denied February 5, 1980.

Review Denied February 26, 1980.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Steven D. Smith, and Finn, Finn & Finn by Elizabeth R. Finn, Phoenix, for appellant-cross-appellee.

Black, Robertshaw, Frederick, Copple & Wright, P.C. by Steven D. Copple, Jon R. Pozgay, Phoenix, for appellee-cross-appellant.

OPINION

CONTRERAS, Judge.

The critical question in this case is whether the appellee and cross-appellant, Pacific Indemnity Insurance Group (Pacific) could, and did, in the motor vehicle liability insurance policy issued to the City of Phoenix, exclude liability coverage for an employee of the City sued individually for negligently causing the death of another employee of the City of Phoenix.

Michael Dennis Hemschmeyer was a policeman employed by the...

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