Amica Mutual Insurance v. Auto Driveaway Co.

OPINION

EUBANK, Judge.

This case involves a conflict between an automobile insurer (Arnica) and a common carrier (Auto Driveaway) as to which one should bear the ultimate loss for an automobile that was damaged while being transported across the country. From a summary judgment ruling for the automobile insurer, the carrier appeals. We affirm the trial court’s ruling.

FACTS AND PROCEDURAL HISTORY

Since the parties filed an agreed statement of facts in lieu of a transcript, the relevant facts in this case are undisputed. See Rule 11(d), Ariz.R.Civ.App.P. On September 1, 1989, Defendant-Appellant…