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SENTRY INS. v. SUPERIOR COURT

No. 2 CA-SA 88-0010.

156 Ariz. 557 (1988)

753 P.2d 1213

SENTRY INSURANCE, a mutual company and Dairyland Insurance Company, Petitioners, v. SUPERIOR COURT OF the STATE of Arizona, In and For the COUNTY OF PINAL; Honorable Franklin D. Coxon, a judge thereof, Respondents, and Suesan ENCINAS, in her individual capacity and as personal representative of the estate of Robert A. Encinas, deceased, Real Party in Interest.

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

April 19, 1988.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Edward G. Hochuli, William J. Schrank and Phillip H. Stanfield, Phoenix, for petitioners.

Thompson, Dalton & DeRose by Jerry DeRose, Globe, for real party in interest.

OPINION

HOWARD, Presiding Judge.

This special action is brought from the trial court's denial of petitioners' motion for summary judgment in a declaratory judgment action. Because we believe the trial court erred in failing to grant the motion, and because our intervention will terminate the litigation between these parties, we assume jurisdiction and grant relief.

On June 15, 1983, Robert A. Encinas died as a result of an automobile accident. Robert...

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