ST. CHARLES v. ALLSTATE INS. CO.

No. 2 CA-CIV 2413.

115 Ariz. 407 (1977)

565 P.2d 913

Carolyn ST. CHARLES, Appellant, v. ALLSTATE INSURANCE COMPANY, a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

June 8, 1977.


Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman and Janice A. Wezelman, Tucson, for appellant.

Slutes, Browning, Zlaket & Sakrison, P.C. by Thomas A. Zlaket, Tucson, for appellee.


OPINION

RICHMOND, Judge.

The trial court in granting summary judgment for appellee interpreted the word "automobile" in an insurance policy exclusion to include a motorcycle. We disagree and reverse.

The facts are undisputed. On October 16, 1975, Joseph Louis St. Charles was fatally injured when his motorcycle was struck by an uninsured automobile. The motorcycle was not specified as an owned vehicle in a policy issued by the appellee-insurer to appellant...

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