State Farm Mutual Automobile Insurance v. Fireman's Fund Insurance

FELDMAN, Justice.

This case comes to us on stipulated facts and requires us to determine whether an escape clause in an automobile insurance policy issued by State Farm Mutual Automobile Insurance Company (State Farm) violates A.R.S. § 28-1170.01 (and its identical counterpart, A.R.S. § 20-1123.01) and is, therefore, void. The cited statutes create conclusive presumptions as to which policy provides primary and which excess coverage when two or more policies cover the same motor vehicle loss and the named insured in one of the policies is engaged in the automobile business. The trial court…