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FIMBRES v. FIREMAN'S FUND INS. CO.

No. 2 CA-CIV 5298.

147 Ariz. 75 (1985)

708 P.2d 756

Manuel A. FIMBRES and Guadalupe Fimbres, husband and wife, Plaintiffs/Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, a foreign Corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied October 29, 1985.

Attorney(s) appearing for the Case

Johnson & Mahon by Thomas E. Johnson, Tucson, for plaintiffs/appellants.

Jennings, Kepner & Haug by Craig R. Kepner and Steven S. Guy, Phoenix, for defendant/appellee.

OPINION

HOWARD, Judge.

This is an appeal from the granting of a summary judgment in favor of Fireman's Fund Insurance Company (Fireman's) which involves the applicability of the business exclusion to a homeowner's insurance policy issued to its insured, Humberto B. (Smokey) Santillo, Sr.

Smokey was engaged in the business of selling herbs and giving nutritional advice at 1718 North Alvernon Way in Tucson. According to his deposition, he taught people...

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