GENERAL INS. CO. v. TRULY NOLEN OF AMERICA

No. 1 CA-CIV 5566.

136 Ariz. 142 (1983)

664 P.2d 686

GENERAL INSURANCE COMPANY OF AMERICA, a Washington corporation, Plaintiff-Appellee v. TRULY NOLEN OF AMERICA, INC., a Nevada corporation; Truly Nolen Exterminating, Inc., an Arizona corporation; Joe D. Yancey and Jane Doe Yancey, his wife, Defendants-Appellants.

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

Rehearing Denied April 8, 1983.

Review Denied June 14, 1983.


Attorney(s) appearing for the Case

Kunz & Waugh, Ltd. by John A. Shannon, Jr., Phoenix, for plaintiff-appellee.

Mesch, Clark & Rothschild, P.C. by Tom R. Clark, Tucson, for defendants-appellants.


OPINION

MEYERSON, Judge.

In this appeal we are called upon to decide whether the oral representations of an insurance agent may extend coverage beyond the terms of the written insurance policy where the insured did not receive a copy of the policy prior to the incident giving rise to the claim. The facts are as follows.

I. FACTS

On or about February 24, 1978, a representative of defendants-appellants...

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