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CANAL INS. CO. v. FIDELITY & GUAR. CO.

No. 2 CA-CIV 5601.

149 Ariz. 578 (1986)

720 P.2d 963

CANAL INSURANCE COMPANY, a corporation; and James E. Heatherly and Donna Heatherly, husband and wife, Plaintiffs/Counter-Defendants/Appellees, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Defendant/Counter-Claimant/Appellant.

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

Review Denied May 28, 1986.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by W. Michael Flood and Jefferson L. Lankford, Phoenix, for plaintiffs/counter-defendants/appellees.

Jennings, Kepner & Haug by Craig R. Kepner and D. Kim Lough, Phoenix, for defendant/counter-claimant/appellant.

HATHAWAY, Chief Judge.

United States Fidelity and Guaranty Company (USF & G) appeals from the trial court's granting of summary judgment for appellee Canal Insurance Company (Canal). The trial court found USF & G was the primary insurer. We affirm.

Canal issued a vehicle insurance policy in the amount of $600,000 to the owner/driver of a Kenworth tractor. The owner leased his tractor to a trucking company which was insured by USF & G under two...

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