[DOWNLOAD] "State v. Guerrero" by Arizona Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State v. Guerrero
- Author : Arizona Court of Appeals
- Release Date : January 17, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The facts necessary for a determination of this matter are not in dispute. On 6 August 1975, Lloyd A. Dennis, an employee of Aids insured, Sahuaro Petroleum and Asphalt Co., Inc., drove his employers truck loaded with hot oil to the premises of Missions insured, W. R. Skousen Contractor, Inc. During the unloading into Skousens oil storage tank, a Skousen employee negligently closed a valve on the storage tank, allowing hot oil to be sprayed on Dennis and seriously injuring him. Dennis sued Skousen on the basis of the negligence of its employee. Mission assumed the defense of Skousen in the negligence action, but brought a declaratory judgment action against Aid as insurer of the truck. Mission contends that since a restriction in Aids policy is void under Arizonas Uniform Vehicle Safety Responsibility Act, 9A A.R.S. § 28-1101 et seq., Skousen and its employee are covered by the omnibus clause of the Aid policy. Both parties agree that, based on their policies, if Aid is liable, Aid must contribute on an equal basis with Mission to the defense of the action up to the $15,000 statutory minimum provided by A.R.S. § 28-1170(B)(2)(a). See Arceneaux v. State Farm Mutual Automobile Insurance Co., 113 Ariz. 216, 550 P.2d 87 (1976); A.R.S. § 28-1170(G).