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WESTERN CAS. & SUR. CO. v. EVANS

No. 1 CA-CIV 4624.

130 Ariz. 333 (1981)

636 P.2d 111

The WESTERN CASUALTY & SURETY COMPANY, Plaintiff-Appellee, v. Sharon J. EVANS and Josephine C. Fenn and Christine Fridena, Administratrix for the Estate of Daniel Fridena, Jr., Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied October 26, 1981.

Review Denied November 17, 1981.

Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit by James W. Hill and Redfield T. Baum, Phoenix, for defendants-appellants Evans and Fenn.

Murray Miller, Phoenix, for defendant-appellant Fridena.

Jones, Teilborg, Sanders, Haga & Parks, P.C. by Frank A. Parks and Linda A. Drake, Phoenix, for plaintiff-appellee.

OPINION

WREN, Chief Judge.

In this appeal, we consider whether a declaratory judgment action filed by appellee Western Casualty & Surety Company was barred by either a statute of limitations or the doctrine of laches. We answer both questions in the negative.

Appellants are Sharon J. Evans, Josephine C. Fenn (her mother) and Christine Fridena, Administratrix for the estate of Daniel Fridena, Jr., M.D. In June of 1966, Evans was involved in a motorcycle...

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