McKINNEY v. ALDRICH

No. 2 CA-CIV 3207.

123 Ariz. 488 (1979)

600 P.2d 1120

Rose V. McKINNEY, Plaintiff/Appellee, v. Stanley George ALDRICH and Jane Doe Aldrich, husband and wife, and Holmes Tuttle Broadway Ford, Inc., an Arizona Corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 5, 1979.

Review Denied October 2, 1979.


Attorney(s) appearing for the Case

Ettinger & Deckter, P.C. by Nathan A. Parkey and Jack A. Ettinger, Tucson, for plaintiff/appellee.

Lesher, Kimble & Rucker, P.C. by Monte C. Clausen, Tucson, for defendants/appellants.


OPINION

RICHMOND, Chief Judge.

This is an appeal from the trial court's order denying appellants' motion to quash a writ of execution. The motion was based on appellee's failure to exhaust her uninsured motorist coverage as a prerequisite under A.R.S. § 20-673(D) to asserting a claim against the insured of an insolvent insurer. Because we find the statute repugnant to Article 18, Section 6 of the Constitution of Arizona, we affirm the order of denial...

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