HIGGINS v. FIREMAN'S FUND INS. CO.

No. 2 CA-CV 87-0289.

157 Ariz. 594 (1988)

760 P.2d 594

Larry P. HIGGINS, Plaintiff/Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, an insurance company incorporated in the State of California, Defendant/Appellee.

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

Review Granted September 20, 1988.


Attorney(s) appearing for the Case

William B. Revis, Ltd. by William B. Revis, Phoenix, for plaintiff/appellant.

Holloway & Thomas, P.C. by Benjamin C. Thomas and Thomas P. Burke, II, Phoenix, for defendant/appellee.


OPINION

ROLL, Judge.

Plaintiff/appellant Larry P. Higgins (Higgins) appeals from a declaratory judgment entered in favor of defendant/appellee Fireman's Fund Insurance Company (Fireman's Fund), which resulted in the denial of underinsured motorist coverage benefits to Higgins pursuant to an "other vehicle" exclusion in the Fireman's Fund policy. For the reasons set forth below, we vacate the order of the trial court and remand for further proceedings.

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