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FARMERS INS. CO. OF ARIZONA v. OLIVER

No. 1 CA-CIV 8989.

154 Ariz. 174 (1987)

741 P.2d 307

FARMERS INSURANCE COMPANY OF ARIZONA, Plaintiff-Appellant, v. Cecil F. OLIVER and Lydia A. Oliver, husband and wife; James T. Oliver and Patricia Harrington, as surviving parents of Toby Oliver, deceased, Defendants-Cross Defendants-Appellees.

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

May 7, 1987.

Attorney(s) appearing for the Case

Holloway & Thomas, P.C. by Paul W. Holloway and Nicholas E. Vakula, Phoenix, for plaintiff-appellant.

Cecil F. Oliver and Lydia A. Oliver, in pro. per.

Neal S. Sundeen, Phoenix, for defendant-appellee James T. Oliver.

Hofmann, Salcito, Stevens & Myers by Noel K. Dessaint, Phoenix, for defendant crossclaimant-appellee Harrington.

GREER, Judge.

In this appeal Farmers Insurance Company of Arizona challenges the trial court's holding that Cecil and Lydia Olivers' three-year-old grandson Toby, who was staying with them at the time he drowned in their swimming pool, was not a "resident of the household" within the meaning of a coverage exclusion in the Olivers' homeowner's insurance policy. Farmers urges these issues for our consideration: (1) whether the trial court erred in holding that the term...

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