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

No. 1 CA-CV 98-0216.

977 P.2d 140 (1999)

194 Ariz. 40

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Gary LOESL, surviving husband of Mary M. Loesl, for and on behalf of himself and his minor children, Defendant-Appellant.

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

April 1, 1999.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Killingsworth & Beshears, P.A. by: Christopher Robbins and: Frank M. Fox, Phoenix, for Plaintiff-Appellee.

Scott A. McKay, P.C. by: Scott A. McKay and Gregg H. Temple, P.C. by: Gregg H. Temple, Phoenix, for Defendant-Appellant.

OPINION

GARBARINO, Judge.

¶ 1 This is a declaratory judgment action filed by State Farm Mutual Automobile Insurance Company. Its insured, Jack Boyle, drove his friend, Bobby Sims, to Sims' automobile. Sims, who was drunk, drove and caused an accident in which the appellant's wife was killed. The question is whether the accident was the result of the use of Boyle's vehicle within the meaning of Boyle's insurance policy. We hold that it was not.

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