Higgins v. Fireman's Fund Insurance

CAMERON, Justice.

I. JURISDICTION

This is a petition for review of a court of appeals’ decision reversing a trial court’s declaratory judgment in favor of the defendant, Fireman’s Fund Insurance Company. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3), A.R.S. § 12-120.24 and Ariz.R.Civ.App.P. 23, 17B A.R.S.

II. QUESTIONS PRESENTED

We must answer one question: Is an “other vehicle” exclusion in an automobile insurance policy void as to underinsured motorist coverage?

III. FACTS

Plaintiff, Larry P. Higgins, lived with his parents who insured their automobiles with Fireman’s Fund…