Balboa Insurance v. State Farm Mutual Automobile Insurance

ICRUCKER, Chief Judge.

This is a declaratory judgment action. This action arose out of an automobile accident which occurred May 3, 1969. There was no dispute as to the facts.

The issues before the trial court were the amount of coverage provided by plaintiff’s and defendant’s policies and whether ^plaintiff or defendant had the primary duty to defend. The judgment of the trial court, Honorable Lee Garrett presiding, concluded :

'T. That the policy of insurance issued by the plaintiff Balboa Insurance Company constitutes the primary coverage for Stanley J. Zalak in Civil Action No. 116969, Pima…