NATIONAL UNION FIRE INS. CO., ETC. v. RICK

Nos. 1 CA-CIV 5374, 1 CA-CIV 6047.

134 Ariz. 122 (1982)

654 P.2d 56

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, a Pennsylvania corporation; the Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, Plaintiffs-Appellees, v. Karen Lynn RICK, Individually and as Personal Representative of the Estates of Billie Eugene Andrews and Jolene Andrews, deceased; John Leslie Andrews; David Wayne Andrews, by and through his Guardian Karen Lynn Rick; Viola Darlene Catchings, Individually and as Personal Representative of the Estate of Thomas Catchings, deceased; Dawn Marie Catchings, by and through her next friend, Viola Darlene Catchings, Defendants-Appellants. COMPASS INSURANCE COMPANY, a New York corporation, Plaintiffs-Appellees, v. Mary SMITH, Individually and as Personal Representative of the Estate of Robert D. Smith, deceased; Sandra A. Connolly, Barbara Black and Robin Smith, Heirs of Robert D. Smith; Gary Emberlin, Individually and as Personal Representative of the Estate of Debbie Emberlin, deceased; Holly Emberlin and Stephen Emberlin, by and through their Next of Friend, Gary Emberlin; Jeffrey D. Carlson and Christopher D. Carlson, by and through their Guardians, Sandra A. Connolly and Robert Connolly; and John O'Hara, Personal Representative of the Estate of David Carlson, deceased, Defendants-Appellants.

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

November 9, 1982.


Attorney(s) appearing for the Case

Charles M. Brewer, Ltd. by Stuart J. Reilly, Phoenix, for defendants-appellants.

Warner Angle Roper & Hallam by Charles R. Hallam, Phoenix, for plaintiffs-appellees.


OPINION

KLEINSCHMIDT, Judge.

This is a consolidated appeal from two separate declaratory judgment actions which raise identical legal issues. The two main issues raised in each action are: (1) whether a provision in an aviation liability insurance policy excluding coverage to renter-pilots is void as against public policy and (2) whether the exclusionary provisions are ambiguous.

The facts giving rise to...

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