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HARLEYSVILLE MUTUAL INSURANCE CO. v. CLAYTON

No. 8607.

103 Ariz. 296 (1968)

440 P.2d 916

HARLEYSVILLE MUTUAL INSURANCE CO., a corporation, Appellant, v. Franklin Stanley CLAYTON and Irene E. Clayton, his wife, and Henry Espinoza and Catherine Espinoza, his wife, Noel Thomas, Individually and Noel Thomas, as Guardian ad litem for Willis Thomas and Karen Thomas, minors, and Patricia E. Thomas, his wife, Appellees.

Supreme Court of Arizona. In Division.

May 8, 1968.

Attorney(s) appearing for the Case

Trew & Woodford, by R.R. Woodford, Phoenix, for appellant.

James E. Grant, Phoenix, for appellees Clayton.

Gordon G. Aldrich, Phoenix, for appellees Thomas.

McFARLAND, Chief Justice.

Noel and Patricia Thomas filed suit in the Superior Court of Maricopa County for personal injuries sustained in an automobile accident caused by a car owned by Irene Clayton, driven by her husband Franklin Clayton, and insured by plaintiff-appellant Harleysville Mutual Insurance Company, hereinafter called the company. While that suit was pending the company brought an action for declaratory judgment against the Claytons and the Thomases...

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