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MASON v. STATE FARM MUT. AUTO. INS. CO.

No. 1 CA-CIV 7290.

148 Ariz. 271 (1985)

714 P.2d 441

Paul MASON and Cynthia Mason, his wife, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Defendant-Appellee.

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

Review Denied February 19, 1986.

Attorney(s) appearing for the Case

G. David Gage, Ltd. by G. David Gage, Phoenix, for plaintiffs-appellants.

Toci, Murphy & Beck by Michael R. Murphy, Prescott, for defendant-appellee.

OPINION

JACOBSON, Judge.

The sole issue on appeal is the validity of the so-called "owned but uninsured" exclusion clause contained in an underinsured motorist endorsement to an automobile liability policy.

The stipulated facts giving rise to this inquiry are that on September 6, 1982, Paul Mason, while operating his 1969 Honda motorcycle was involved in an accident with an automobile driven by Henry Echer. Echer was at fault.

At the time of...

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