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NEW YORK UNDERWRITERS INSURANCE CO. v. SPILLER

No. 10760.

109 Ariz. 31 (1973)

504 P.2d 932

NEW YORK UNDERWRITERS INSURANCE COMPANY, a corporation, Appellant, v. Phyllis SPILLER, Charna Spiller, a minor By and Through her Guardian ad Litem, Phyllis Spiller, Appellees. STATE FARM MUTUAL INSURANCE COMPANY, a corporation, Cross-Appellant, v. NEW YORK UNDERWRITERS INSURANCE COMPANY, a corporation, et al., Cross-Appellees.

Supreme Court of Arizona, In Banc.

January 5, 1973.

Attorney(s) appearing for the Case

Renaud, Cook, Miller & Cordova by Val A. Cordova, Phoenix, for appellant.

Langerman, Begam & Lewis by Kenneth P. Clancy, Phoenix, for appellees and cross-appellees.

Sidney Polkowitz, in pro per.

Lewis & Roca by John P. Frank and David L. Cocanower, Phoenix, for cross-appellants and appellees.

HAYS, Chief Justice:

This appeal was originally filed with the Court of Appeals but was transferred to this Court for oral argument and decision.

Most of the facts were stipulated. One was disputed. Evidence was heard, and the trial court made a finding backed by competent evidence, which we accept as to the facts.

Phyllis Spiller, a divorcee with custody of her minor daughter, Charna, owned a Volkswagen. Both were passengers in it while it was being...

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