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COLE v. STANDARD FIRE INS. CO.

No. 2 CA-CV 94-0066.

179 Ariz. 494 (1994)

880 P.2d 714

Carol COLE, dba Allen Tire Center; Steven Carter; Truck Insurance Exchange, an interinsurance exchange, Plaintiffs/Appellees/Cross-Appellants, v. STANDARD FIRE INSURANCE COMPANY, a Connecticut corporation; Aetna Life & Casualty Company, a Connecticut corporation, Defendants/Appellants/Cross-Appellees.

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

Review Denied September 20, 1994.

Attorney(s) appearing for the Case

Broening, Oberg & Woods, P.C. by James B. Broening, Kenneth C. Miller and Neal B. Thomas, Phoenix, for plaintiffs/appellees/cross-appellants.

Rake & Downey, P.C. by William J. Downey and Lina V. Alvarez, Phoenix, for defendants/appellants/cross-appellees.

OPINION

LACAGNINA, Judge.

In this appeal, Aetna Life & Casualty Company challenges the trial court's determination by summary judgment that Aetna provides primary coverage under A.R.S. § 28-1170.01(B) for an accident that occurred on the premises of Allen Tire Center, allegedly as a result of Allen Tire's employee's negligence. We reverse and hold that under the facts of this case, the negligence of Allen Tire's employee while exercising...

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