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NEIHAUS v. SOUTHWESTERN GROCERIES, INC.

Nos. 2 CA-CIV 3528, 2 CA-CIV 3529.

127 Ariz. 287 (1980)

619 P.2d 1064

Louis NEIHAUS and Lois Neihaus, husband and wife, as individuals and as natural parents and next best friends of Kyle Neihaus, a minor, Plaintiffs/Appellants, v. SOUTHWESTERN GROCERIES, INC., an Arizona Corporation, and Mary Lou Horst, Personal Representative of the Estate of Paul Horst, Deceased, Defendants/Appellees. ROYAL-GLOBE INSURANCE COMPANY, Plaintiff/Appellee, v. Louis NEIHAUS and Lois Neihaus, husband and wife, as individuals and as natural parents and next best friends of Kyle Neihaus, a minor, and Mary Lou Horst, Personal Representative of the Estate of Paul Horst, Deceased, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 6, 1980.

Review Denied December 2, 1980.

Attorney(s) appearing for the Case

Robert S. Wolkin, Tucson, for plaintiffs/appellants Neihaus.

Lesher, Kimble & Rucker, P.C. by Timothy L. Ryan, Tucson, for defendant/appellee Southwestern Groceries, Inc.

D'Antonio & D'Antonio, Tucson, for Mary Lou Horst.

Everett, Bury & Moeller, P.C. by David C. Bury and Kenneth Everett, Tucson, for plaintiff/appellee Royal-Globe Ins. Co.

RICHMOND, Judge.

In consolidated appeals, Kyle Neihaus and her parents seek to reverse a declaratory judgment that there was no liability insurance coverage for the deceased driver of a vehicle in which she was injured, and a summary judgment on liability in favor of the driver's employer. Both judgments are affirmed.

In the coverage case, which was submitted to the trial court on depositions and a copy of the insurance policy, there is no dispute as to the...

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