NATIONWIDE MUT. INS. v. CNA INS. CO.

No. 2 CA-CV 88-0193.

159 Ariz. 368 (1988)

767 P.2d 716

NATIONWIDE MUTUAL INSURANCE, Plaintiff/Appellant, v. CNA INSURANCE COMPANY, Defendant/Appellee.

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

Review Denied February 7, 1989.


Attorney(s) appearing for the Case

Law Offices of Warren S. McCord by Paul J. Prato, Scottsdale, for plaintiff/appellant.

Gallagher & Kennedy, P.A. by Chris J. Scheldrup, Phoenix, for defendant/appellee.


OPINION

ROLL, Judge.

Plaintiff/appellant Nationwide Mutual Insurance (Nationwide) appeals from the trial court's order granting the motion of CNA Insurance Company (CNA) for summary judgment and denying Nationwide's motion for summary judgment. This action concerns which insurance company is the primary insurer. For the reasons set forth below, we affirm.

FACTS

On April 26, 1984, Peter Lahman took his vehicle to Beaudry Motors in Tucson, Arizona...

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