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WEST AMERICAN INS. CO. v. PIRRO

No. 2 CA-CV 90-0115.

167 Ariz. 437 (1990)

808 P.2d 322

WEST AMERICAN INSURANCE COMPANY, Plaintiff/Appellant, v. Susan Marie PIRRO, individually and as surviving spouse of the decedent Salvatore Anthony Pirro; Susan Marie Pirro, as guardian and conservator of the Estate of Rhonda Carmen Pirro, a minor, Defendants/Appellees.

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

Review Denied April 23, 1991.

Attorney(s) appearing for the Case

Ridenour, Swenson, Cleere & Evans by Robert E. Byrne and Robert R. Beltz, Phoenix, for plaintiff/appellant.

William M. Spence, Ltd. by William M. Spence, Phoenix, for defendants/appellees.

OPINION

HOWARD, Judge.

This is an appeal from an adverse judgment in a declaratory judgment action. The stipulated facts before the trial court disclose that Salvatore Anthony Pirro was killed while riding off the public roads in an unlicensed, unregistered, Volkswagen dune buggy/sandrail vehicle designed mainly for use off the public roads. The vehicle was owned and operated by the decedent's brother-in-law.

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