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AUTO-OWNERS INS. CO. v. MOORE

No. 2 CA-CV 88-0037.

156 Ariz. 184 (1988)

750 P.2d 1387

AUTO-OWNERS INSURANCE COMPANY, Plaintiff/Appellee, v. Byron C. MOORE, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

As Corrected April 12, 1988.

Attorney(s) appearing for the Case

Dake, Hathaway & Swan, P.A. by Mitchell S. Eisenberg, Phoenix, for plaintiff/appellee.

Callahan, Gorman & Woodford by John R. Callahan, Tempe, for defendant/appellant.

OPINION

ROLL, Judge.

Defendant/appellant Byron C. Moore (Moore) appeals from the granting of summary judgment in favor of plaintiff/appellee Auto-Owners Insurance Company (Auto-Owners) in a declaratory judgment action brought by Auto-Owners. This lawsuit arose in connection with an automobile-pedestrian traffic accident in which Moore was severely injured.

We vacate the trial court's order granting judgment in favor of Auto-Owners and remand for trial...

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