Universal Underwriters Insurance v. Dairyland Mutual Insurance

CAMERON, Chief Judge.

This is an appeal from a summary judgment in favor of the defendant in the Superior Court of Maricopa County. The matter was submitted to the trial court upon a stipulated statement of facts and both parties moved for summary judgment.

We are asked to answer the following questions:

1. Is a garage keeper’s exclusion in an insurance policy effective under the case of Jenkins v. Mayflower, 93 Ariz. 287, 380 Pac.2d 145 (1963), to prevent liability when an employee of the garage has permission from the owner to drive the car and does so negligently ?

2. If the exclusion is not…