Legal Opinion

Universal Underwriters Insurance v. Dairyland Mutual Insurance

Court of Appeals of Arizona

Decided April 18, 1967No. 1 CA-CIV 330PublishedCited by 1 opinion

1Opinion of the CourtCameron, Chief Judge

The motion for rehearing questions the decision and statements made by this Court in the case of Universal Underwriters Insurance v. Dairyland Mutual Insurance Company, 5 Ariz.App. 174, 424 P.2d 465 (1967). Under the caption “WHICH COMPANY IS PRIMARILY LIABLE” we stated that the liability of the two companies was derivative and that the negligence of Universal’s insured being the active negligence, Universal was primarily liable. Although there was no evidence that Dairyland’s insured was in any way negligent, we stated:

“Since Dairyland’s insured, Justine Meyers, was at most passively…

2Cases cited7 opinions

  1. Lamb-Weston, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1959
  2. Oregon Auto. Ins. Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1952
  3. Jenkins v. Mayflower Insurance ExchangeArizona Supreme Court · 1963
  4. Busy Bee Buffet, Inc. v. FerrellArizona Supreme Court · 1957
  5. Western Pac. Ins. Co. v. Farmers Ins. ExchangeWashington Supreme Court · 1966

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. UNIVERSAL UNDER. INS. CO. v. Dairyland Mut. Ins. Co.Court of Appeals of Arizona · 1967

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