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

No. 18201-PR.

149 Ariz. 179 (1986)

717 P.2d 858

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.

Supreme Court of Arizona, En Banc.

March 27, 1986.

Attorney(s) appearing for the Case

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

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

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

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

FELDMAN, Justice.

This case comes to us on stipulated facts and requires us to determine whether an escape clause in an automobile insurance policy issued by State Farm Mutual Automobile Insurance Company (State Farm) violates A.R.S. § 28-1170.01 (and its identical counterpart, A.R.S. § 20-1123.01) and is, therefore, void. The cited statutes create conclusive presumptions as to which policy provides primary and which excess coverage when two or more policies...

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