GRANITE STATE INS. v. TRANSAMERICA INS.

No. 1 CA-CIV 7042.

148 Ariz. 111 (1985)

713 P.2d 312

GRANITE STATE INSURANCE COMPANY; Del E. Webb Development Co.; Terry Hanaberg, Plaintiffs-Appellants, v. TRANSAMERICA INSURANCE COMPANY, Defendant-Appellee.

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

Motion for Reconsideration Denied October 18, 1985.


Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Larry L. Smith and Lisa M. Sommer, Phoenix, for plaintiffs-appellants.

Gust, Rosenfeld, Divelbess & Henderson by Richard A. Segal and Fred Cole, Phoenix, for defendant-appellee.


OPINION

EUBANK, Judge.

Two issues are presented in this appeal from a summary judgment granted in an action seeking a declaratory judgment as to which of two insurance companies was primarily liable for coverage and defense in a negligence action:

(1) Whether, as a matter of law, the injury occurred during the unloading of the truck, such that the injury arose out of the use of the truck? (2) Whether an automobile insurance policy may exclude...

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