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GARDNER v. AETNA CAS. & SUR. CO.

No. 2 CA-CIV 2155.

114 Ariz. 123 (1976)

559 P.2d 679

Leonard GARDNER and Phyllis Gardner, husband and wife, and Individually, Leonard Gardner, Jr. and Leah Gardner, minors, by and through their actual father and guardian, Leonard Gardner, and Fernando Valencia, Appellants, v. AETNA CASUALTY & SURETY COMPANY, a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 5, 1977.

Review Denied February 1, 1977.

Attorney(s) appearing for the Case

Robert L. Murray and Bruce E. Aarestad, Tucson, for appellants.

Everett, Bury & Moeller, P.C. by David C. Bury, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

This is an appeal from a summary judgment in an action for declaratory relief. Plaintiff suffered injuries as a result of colliding with a bale of wire that had fallen off an unidentified flat-bed truck. Aetna's policy obligates it to pay all sums which the insured would be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury sustained by the insured arising out of...

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