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LUMBERMENS MUT. CAS. CO. v. KOSIES

No. 2 CA-CIV 3274.

124 Ariz. 136 (1979)

602 P.2d 517

LUMBERMENS MUTUAL CASUALTY COMPANY, an insurance company, Plaintiff/Appellee, v. Allen J. KOSIES and Mary Ann Kosies, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

October 26, 1979.

Attorney(s) appearing for the Case

Everett, Bury & Moeller, P.C. by David C. Bury and Marshall Humphrey, III, Tucson, for plaintiff/appellee.

Lesher, Kimble & Rucker, P.C. by Marvin Borodkin and Robert O. Lesher, Tucson, for defendants/appellants.

OPINION

HOWARD, Judge.

This is an appeal from a declaratory judgment declaring a homeowner's policy did not cover the insureds in an action arising from an automobile accident. We agree with the trial court and affirm.

The Kosies were plaintiffs in an action filed in the Superior Court of Pima County against the defendant Gall for the death of Kosies' daughter, Coreena. The complaint alleged that the accident was caused by the negligent driving of...

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