Legal Opinion

Phoenix of Hartford, Inc. v. Harmony Restaurants, Inc.

Court of Appeals of Arizona

Decided January 13, 1977No. 1 CA-CIV 3184PublishedCited by 27 opinions

1Opinion of the Court

OPINION

SCHROEDER, Presiding Judge.

The sole issue in this appeal is the validity of service of process on a former agent of the appellant foreign insurance corporation. The appeal is from the trial court’s order refusing to set aside the default judgment entered against appellant, and holding service to have been proper.

The substance of the trial court’s reasoning was that the general provisions of Rule 4(d) providing for service of summons on agents of corporations superseded the specific provisions of our Insurance Code requiring service of process on foreign insurance companies to be made…

2Cases cited5 opinions

  1. State Ex Rel. Phoenix Mutual Life Insurance v. HarrisSupreme Court of Missouri · 1938
  2. State v. McCarrellArizona Supreme Court · 1956
  3. Arizona Corp. Commission v. Catalina Foothills EstatesArizona Supreme Court · 1954
  4. Murray v. Sovereign Camp, W. O. W.Supreme Court of South Carolina · 1939
  5. Gibbons & Reed Co. v. Standard Accident InsuranceDistrict Court, D. Utah · 1960

3Cited by27 opinions

  1. State v. HansenArizona Supreme Court · 2007
  2. Haroutunian v. Valueoptions, Inc.Court of Appeals of Arizona · 2008
  3. Drozda v. McComasCourt of Appeals of Arizona · 1994
  4. Groat v. Equity American InsuranceCourt of Appeals of Arizona · 1994
  5. Hall v. READ DEVELOPMENT, INC.Court of Appeals of Arizona · 2012

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