Legal Opinion

State Farm Mutual Automobile Insurance v. Transport Indemnity Co.

Court of Appeals of Arizona

Decided November 22, 1971No. 1 CA-CIV 1504PublishedCited by 3 opinions

1Opinion of the Court

JACOBSON, Presiding Judge.

This appeal requires the Court to determine whether or not a negligent business owner was a “user” of a pickup truck within the terms of an omnibus clause of an automobile insurance policy, when he was in the process of loading the same with liquid petroleum gas.

On October 19, 1965, R. L. Cook and Lawrence Hall loaded an empty 80 gallon LP gas tank onto a 1957 Dodge pickup owned by James Hedrick. The pickup was then driven to the location of a retail LP gas business owned by Ernest Richter for the purpose of filling the 80 gallon tank. Both the use of the pickup and…

2Cases cited16 opinions

  1. Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
  2. Schecter v. KillingsworthArizona Supreme Court · 1963
  3. Woodrich Construction Co. v. Indemnity Insurance Co. of North AmericaSupreme Court of Minnesota · 1958
  4. Stammer v. KitzmillerWisconsin Supreme Court · 1937
  5. Pacific Automobile Ins. v. Commercial Casualty Ins. Co. of New YorkUtah Supreme Court · 1945

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State Farm Mutual Automobile Insurance v. O'BrienCourt of Appeals of Arizona · 1975
  2. State Farm Mutual Automobile Insurance v. Transport Indemnity Co.Arizona Supreme Court · 1973
  3. State Farm Mutual Automobile Insurance v. O'BrienCourt of Appeals of Arizona · 1975

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