OGDEN v. U.S. FIDELITY AND GUAR. CO.

No. 1 CA-CV 95-0278.

188 Ariz. 132 (1996)

933 P.2d 1200

Lori A. OGDEN, a single person; Cherrie Perry, as Guardian/ Conservator for Tasha Ann Zeller, a minor; Peggy Klatt and William Zeller, Plaintiffs-Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a foreign corporation; Joseph Lichman and Jane Doe Lichman, husband and wife; J & M Steel Erecting, Inc.; Jay Soyko and Mary B. Soyko, husband and wife, Defendants-Appellees.

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

Review Denied March 25, 1997.


Attorney(s) appearing for the Case

John G. Contreras, Phoenix, for Appellant Ogden.

Law Office of A. Thomas Cole by A. Thomas Cole, Casa Grande, for Appellants Perry, Klatt, and Zeller.

Murphy, Lutey, Schmitt & Beck by Michael R. Murphy and Dan A. Wilson, Prescott, for Appellants Ogden, Perry, Klatt, and Zeller.

Raymond, Greer & Sassaman, P.C. by Michael J. Raymond, Phoenix, for Appellee United States Fidelity & Guaranty Co.

Joseph C. Dolan, P.C. by Joseph C. Dolan, Phoenix, for Appellees Lichman.

Cohen and Cotton, P.C. by John H. Cotton, Phoenix, for Appellees J.M. Steel Erecting, Inc. and Soykos.


GARBARINO, Judge.

This is an appeal from a grant of summary judgment. The trial court determined that an employer's liability policy does not provide coverage for an employee's vehicle not driven in the course of employment even though the vehicle was listed on the schedule of insured vehicles attached to the policy.

We agree and affirm.

FACTS AND PROCEDURAL HISTORY

J.M. Steel Erecting, Inc. (J.M.) owned a fleet of vehicles that...

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