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TRANSPORTATION INS. CO. v. BRUINING

No. CV-95-0370-PR/A.

186 Ariz. 224 (1996)

921 P.2d 24

TRANSPORTATION INSURANCE COMPANY, a Foreign Corporation, Plaintiff/Appellee, v. Edith BRUINING, an Unmarried Woman; Joe Meyer and Judith Meyer, Unmarried Individuals d/b/a Joe Meyer Landscape Maintenance; Jesse Frank Rogers and Jane Doe Rogers, Husband and Wife, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

July 2, 1996.

Attorney(s) appearing for the Case

Beale & Micheaels, P.C. by John A. Micheaels, Phoenix, and Jennings, Strouss & Salmon, P.L.C. by James M. Ackerman, Phoenix, for Plaintiff/Appellee.

Tryon, Heller & Rayes, P.C. by David M. Heller, Phoenix, for Defendants/Appellants.

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

A.R.S. § 28-1170(B)(3) provides that an insurer and a named insured may exclude coverage for a named driver in an automobile liability policy "by agreement in writing." The issue in this case is whether this statutory requirement was met so as to exclude one of the insured's employees. On cross-motions for summary judgment, the trial court ruled that the statutory requirement...

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