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BUTLER v. FARMERS INS. CO. OF ARIZONA

No. 2 CA-CIV 3328.

126 Ariz. 379 (1980)

616 P.2d 54

James BUTLER, Plaintiff/Appellant, v. FARMERS INSURANCE COMPANY OF ARIZONA, a stock insurance company incorporated under the laws of the State of Arizona, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 26, 1980.

Review Granted April 15, 1980.

Attorney(s) appearing for the Case

Klein & Klein by Donald S. Klein, Tucson, for plaintiff/appellant.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendant/appellee.

OPINION

HATHAWAY, Chief Judge.

The question to be decided in this appeal is one of first impression in Arizona: Whether an innocent purchaser of a stolen automobile has an insurable interest in the vehicle. We believe appellant, under the facts of this case, did have an insurable interest and reverse.

In late 1976, appellant purchased a 1967 Austin-Healy automobile for approximately $3,500 and an Arizona Certificate of Title to the automobile was transferred...

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