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KEPLINGER v. MID-CENTURY INS. CO.

No. 2 CA-CIV 2205.

115 Ariz. 387 (1977)

565 P.2d 893

Jack L. KEPLINGER and Janice E. Keplinger, husband and wife, Appellants, v. MID-CENTURY INSURANCE COMPANY, Preferred Risk Insurance Companies, and Roger S. Roof, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 15, 1977.

Review Denied May 24, 1977.

Attorney(s) appearing for the Case

Leslie J. Gilbertson, Tucson, for appellants.

Everett, Bury & Moeller, P.C. by David C. Bury and Dan A. Sinema, Tucson, for appellee Mid-Century.

Pain & Julian, P.C. by Theodore A. Julian and Warren S. McCord, Phoenix, for appellee Preferred Risk.

HOWARD, Chief Judge.

This appeal is from a declaratory judgment decreeing that policies of insurance issued by the appellees-insurers (hereinafter referred to as Mid-Century and Preferred Risk) did not provide liability insurance coverage to appellee Roof for an automobile accident in which appellant-wife was injured. The court expressly found that the automobile driven by Roof was a "non-owned" automobile and that during the period of time in issue, it was being...

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