Transportation Insuarnce v. Bruining

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

A.R.S. § 28-1170(B)(3) provides that an insurer and a named insured may exclude coverage for a named driver in an automobile liability policy “by agreement in writing.” The issue in this case is whether this statutory requirement was met so as to exclude one of the insured’s employees. On cross-motions for summary judgment, the trial court ruled that the statutory requirement had been met, resulting in no liability coverage for an accident in which the employee in question was one of the drivers. In a split decision order on accelerated appeal, the…