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AMERICAN FAMILY MUT. INS. CO. v. WHITE

No. 1 CA-CV 01-0517.

65 P.3d 449 (2003)

204 Ariz. 500

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Plaintiff-Appellee, v. Bryan J. WHITE, Defendant-Appellant.

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

March 20, 2003.

Attorney(s) appearing for the Case

Mariano & Allen, P.L.C. by Lynn M. Allen, Phoenix, for Plaintiff-Appellee.

Murphy, Lutey, Schmitt & Beck, P.L.L.C. by Robert E. Schmitt and Dan A. Wilson, Prescott, for Defendant-Appellant.

OPINION

NOYES, Judge.

¶ 1 To stop Appellant from assaulting a smaller third person, Travis Wilde hit Appellant in the head with a metal pipe. Travis later pleaded guilty to aggravated assault, and Appellant later sued Travis and his parents ("the Wildes"). The Wildes' insurance carrier, Appellee ("American Family"), then filed this declaratory judgment action and moved for summary judgment, arguing that coverage for Appellant's claims was barred by...

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