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STATE FARM MUT. AUTO. v. FIREMAN'S FUND INS.

No. 2 CA-CIV 5128.

149 Ariz. 230 (1985)

717 P.2d 909

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff/Appellant, v. FIREMAN'S FUND INSURANCE COMPANY; Deanne Sasselli; Howard McNeil and Carmen McNeil, husband and wife; and Frank Cummings Ford, Inc., Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

April 2, 1985.

Attorney(s) appearing for the Case

Fish, Duffield, Miller, Young, Adamson & Alfred, P.C. by Arthur H. Miller and K. Alexander Hobson, Tucson, for plaintiff/appellant.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendant/appellee Fireman's Fund.

Russo, Cox, Dickerson, Butler & Russo, P.C. by Karl MacOmber, Tucson, for defendant/appellee Sasselli.

Richard A. Block, Tucson, for defendants/appellees McNeil.

OPINION

HATHAWAY, Judge.

Can an insurance company exclude coverage to its named insured when the named insured is operating, with permission, an automobile owned by a person engaged in the automobile business? We answer that it cannot.

This case involves a question of insurance coverage for Deanne Sasselli, who was involved in an automobile accident that occurred on or about March 2, 1983, in the vicinity of Nogales, Sonora. Her insurer, the appellant...

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