[Download] "State Farm Mutual Automobile Insurance Co. V. Fireman''s Fund Insurance Co." by Arizona Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State Farm Mutual Automobile Insurance Co. V. Fireman''s Fund Insurance Co.
- Author : Arizona Supreme Court
- Release Date : January 27, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This case comes to us on stipulated facts and requires us to determine whether an escape clause in an automobile insurance policy issued by State Farm Mutual Automobile Insurance Company (State Farm) violates A.R.S. § 28-1170.01 (and its identical counterpart, A.R.S. § 20-1123.01) and is, therefore, void. The cited statutes create conclusive presumptions as to which policy provides primary and which excess coverage when two or more policies cover the same motor vehicle loss and the named insured in one of the policies is engaged in the automobile business. The trial court held that State Farm's escape clause was void. The court of appeals affirmed and State Farm petitioned for review. Because this is a case of first impression, we accepted review pursuant to Rule 23, Ariz.R.Civ.App.P., 17A A.R.S. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and A.R.S. §§ 12-1837 and 12-120.24.