Cole v. Standard Fire Insurance

OPINION

LACAGNINA Judge.

In this appeal, Aetna Life & Casualty Company challenges the trial court’s determination by summary judgment that Aetna provides primary coverage under AR.S. § 28-1170.01(B) for an accident that occurred on the premises of Allen Tire Center, allegedly as a result of Alen Tire’s employee’s negligence. We reverse and hold that under the facts of this case, the negligence of Alen Tire’s employee while exercising control over the movement of the vehicle is included in the terms “being operated by any person engaged in any such business” under AR.S. § 28-1170.01(A)(l).…