(DOWNLOAD) "Associated Indemnity Corp. V. Warner" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Associated Indemnity Corp. V. Warner
- Author : Arizona Supreme Court
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The issue arose in an action for declaratory relief instituted by Associated Indemnity Corporation (Associated) against Jack C. Warner and his wife to determine the scope of coverage under Warners' automobile insurance policy. The uncontested facts are as follows: On November 27, 1977, accompanied by his son, Jack Warner drove his car to Sky Harbor Airport to perform some routine maintenance on a small aircraft which Warner and his wife owned. The maintenance included charging the airplane's battery using his car, and slightly rolling the plane to prevent tire damage, as the aircraft had not been flown in several months. While Warner was charging the battery, his son untied the aircraft's tiedown chains to facilitate the rolling of the tires. While the battery was still charging, Warner attempted to lubricate the cylinders of the aircraft's engine by hand turning the propeller. As Warner turned the propeller, the engine unexpectedly started and, without tiedown supports, the plane began to taxi down the runway. The Warners' airplane collided with another small plane causing substantial damage. Although Associated insured the Warners' car, the aircraft was not insured. When the owner of the damaged craft brought an action to recover repair costs, the Warners sought to have Associated defend the suit and provide coverage. The Warners argued that the accident "arose out of" the use of their insured automobile and was accordingly covered under the terms of their automotive policy. Associated denied the Warners' insurance claim and instituted a declaratory judgment action in Maricopa County Superior Court to determine its liability under the Warners' automobile policy. The trial court granted judgment in favor of Associated. It denied without comment, however, Associated's request for attorney's fees under A.R.S. § 12-341.01. On appeal to the Court of Appeals, Division One, the Warners contested non-liability under the insurance policy; Associated cross-appealed the trial court's denial of attorney's fees. The Court of Appeals affirmed non-liability under the policy but found the trial court's denial of attorney's fees an abuse of discretion. Associated Indemnity Corp. v. Jack C. Warner, 143 Ariz. 585, 694 P.2d 1199 (App.1983). The Warners filed a petition for review contesting denial of coverage under the automobile insurance policy and the award of attorney's fees. We granted review limited to the issue of the award of attorney's fees.