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ALMAGRO v. ALLSTATE INS. CO.

No. 2 CA-CIV 3820.

129 Ariz. 163 (1981)

629 P.2d 999

Maria ALMAGRO, by and through her next best friend, Michael Almagro, Plaintiff/Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 11, 1981.

Review Denied June 16, 1981.

Attorney(s) appearing for the Case

Davis, Siegel & Gugino by Barry M. Davis, Tucson, for plaintiff/appellant.

Slutes, Browning, Zlaket & Sakrison, P.C., by A. John Pelander, Tucson, for defendant/appellee.

OPINION

HATHAWAY, Chief Judge.

In this appeal we decide the issue of whether the "other insurance" clause of an injured party's auto insurance policy applies while the insured is a passenger in another auto, the driver of which carries his own insurance.

Maria Almagro was injured in an auto accident in Pima County on August 13, 1979. On that date, Maria's father had effective auto insurance policies with both Allstate Insurance Company and the Farmers...

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