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ALLSTATE INS. CO. v. JOHNSTON

No. CV-98-0424-PR.

984 P.2d 10 (1999)

194 Ariz. 402

ALLSTATE INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellee. v. Mary M. JOHNSTON, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

June 18, 1999.

Attorney(s) appearing for the Case

Steptoe & Johnson, L.L.P. by Bennett Evan Cooper, Floyd P. Bienstock, Ridenour, Swenson, Cleere & Evans, P.C. by Robert R. Beltz, Phoenix, Attorneys for Allstate Insurance Company.

Dasse & Vakula, P.C. by Nicholas E. Vakula, Phoenix, Attorneys for Mary M. Johnston.

OPINION

MARTONE, Justice.

¶ 1 Automobile policies cover losses arising out of the use or occupancy of motor vehicles. Conversely, homeowners policies exclude coverage for injuries arising out of the use or occupancy of motor vehicles. This case is a coverage case, not a tort case. We must decide whether the injuries sustained by a passenger arose out of the use or occupancy of a vehicle within the meaning of the automobile exclusion of a homeowners...

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