Government Employees Insurance v. Fenton

LACAGNINA, Judge.

This special action was taken from the order of the trial court denying petitioner’s motion for summary judgment. The determinative facts are not in dispute, and the issue presented is one of law rather than fact. We therefore accept jurisdiction. Shea v. Superior Court of Maricopa. County, 150 Ariz. 271, 728 P.2d 89 (1986).

The relevant and undisputed facts are as follows. In February of 1987, petitioner Government Employees Insurance Company (GEICO), a Maryland corporation authorized to transact business in Texas and Arizona, issued an automobile insurance policy to real…