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AMICA MUT. INS. CO. v. AUTO DRIVEAWAY CO.

No. 1 CA-CV 90-668.

171 Ariz. 506 (1992)

831 P.2d 882

AMICA MUTUAL INSURANCE COMPANY, a corporation, Plaintiff-Appellee, v. AUTO DRIVEAWAY COMPANY, a Delaware corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department E.

May 28, 1992.

Attorney(s) appearing for the Case

Ridenour, Swenson, Cleere & Evans by Eric B. Gonzalez, Phoenix, for plaintiff-appellee.

Ted A. Smith, Ltd. by Ted A. Smith, Phoenix, for defendant-appellant.

OPINION

EUBANK, Judge.

This case involves a conflict between an automobile insurer (Amica) and a common carrier (Auto Driveaway) as to which one should bear the ultimate loss for an automobile that was damaged while being transported across the country. From a summary judgment ruling for the automobile insurer, the carrier appeals. We affirm the trial court's ruling.

FACTS AND PROCEDURAL HISTORY

Since the parties filed an agreed statement...

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