Nicholas v. Carolina Casualty Co.

JACOBSON, Judge.

We are primarily presented in this appeal with the question of the effect of the failure of an insurance company to deny insurance coverage to the Financial Responsibility Section of the Arizona Highway Department pursuant to A.R.S. § 28-1142, subsec. D.

This appeal arose out of a declaratory judgment action brought by appellee, Carolina Casualty Co., seeking a determination of its duty to defend and its liability on an insurance policy in an action brought by appellants, Claude Wayne Nicholas and James D. Elliott against appellant, James L. Campbell, administrator of the…