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FARMERS INS. CO. OF ARIZONA v. ZUMSTEIN

No. 1 CA-CIV 5916.

138 Ariz. 469 (1983)

675 P.2d 729

FARMERS INSURANCE COMPANY OF ARIZONA, an Arizona corporation, Plaintiff-Appellee, v. Robert Clair ZUMSTEIN, individually and as natural father and next friend of John Hetrick Zumstein, a minor; Donna Zumstein, John Hetrick Zumstein, a minor, Joseph Cook, personal representative and surviving spouse of Audrey Laverne Cook, deceased; and Donna L. Mason, Defendants-Appellants.

Court of Appeals of Arizona, Division 1.

Reconsideration Denied December 20, 1983.

Attorney(s) appearing for the Case

Crampton, Woods, Broening & Oberg by Jan E. Cleator, Curtis D. Ensign, Phoenix, for plaintiff-appellee.

Napier & Jones, P.C. by Robert E. Jones, Jr., Phoenix, for defendant-appellant Zumstein.

Smith, Howard & DeRoon by Ronald L. Dunham, Phoenix, for defendants-appellants Cook and Mason.

OPINION

JACOBSON, Chief Judge.

This appeal presents the question of whether there is a factual dispute that a "non-owned automobile" used by the insured was "furnished or available" to him for regular use so as to be excluded from coverage under an automobile liability policy.

This action was instituted by appellee Farmers Insurance Company (Farmers) seeking a declaratory judgment that no coverage existed in favor of the named insureds, appellants...

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