Legal Opinion

Preferred Risk Mutual Insurance v. Lewallen

Court of Appeals of Arizona

Decided April 29, 1985No. 2 CA-CIV 5272PublishedCited by 8 opinions

1Opinion of the Court

OPINION

FERNANDEZ, Judge.

The question we are asked to decide in this case is whether a vehicle owned by a husband and being temporarily driven by the wife while her own car is inoperable because of mechanical breakdown can be considered a “temporary substitute automobile” under the wife’s liability insurance policy. We hold that it is not and that the policy affords no coverage to the wife in a personal injury action filed against her as a result of an accident that occurred while she was driving her husband’s vehicle.

Suzanne Lewallen was the named insured on a policy issued by appellant…

2Cases cited14 opinions

  1. Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
  2. Darner Motor Sales, Inc. v. Universal Underwriters InsuranceArizona Supreme Court · 1984
  3. Government Employees Insurance v. KliglerNew York Court of Appeals · 1977
  4. Farley v. American Automobile InsuranceWest Virginia Supreme Court · 1952
  5. State Farm Mutual Automobile Insurance v. O'BrienCourt of Appeals of Arizona · 1975

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

3Cited by8 opinions

  1. Houston General Insurance Company v. American Fence Company, Inc.Court of Appeals for the Tenth Circuit · 1997
  2. First American Title Insurance v. Johnson BankArizona Supreme Court · 2016
  3. Employers Mutual Casualty Co. v. DGG & Car, Inc.Arizona Supreme Court · 2008
  4. St. Paul Fire & Marine Insurance v. Nationwide Mutual InsuranceCourt of Special Appeals of Maryland · 1989
  5. First American Title Insurance Co v. Johnson BankArizona Supreme Court · 2016

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

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