Powell v. National Union Fire Insurance

Court of Appeals of Arizona

Powell v. National Union Fire Insurance

503 P.2d 825, 18 Ariz. App. 470, 1972 Ariz. App. LEXIS 899

CourtCourt of Appeals of Arizona

DecidedDecember 13, 1972

DocketNo. 2 CA-CIV 1283

StatusPublished

This text of 503 P.2d 825 (Powell v. National Union Fire Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Powell v. National Union Fire Insurance, 503 P.2d 825, 18 Ariz. App. 470, 1972 Ariz. App. LEXIS 899 (Ark. Ct. App. 1972).

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Opinion

HATHAWAY, Judge.

This is an appeal from a summary judgment granted in favor of the appellee insurance company and against appellants. There is but one question dispositive of this appeal: Is an insurance company precluded from denying liability for a judgment rendered against a former insured -when the policy of insurance has been terminated prior to the accident because of a nonpayment of premium, but the insurance company does not return the SR-1A form to the Motor Vehicle Division of the Arizona Highway Department. This issue has recently been decided in the cases of Aetna Casualty and Surety Co. v. Newton, 18 Ariz.App. 115, 500 P.2d 900 (1972); Nicholas v. Carolina Casualty Co., 17 Ariz.App. 252, 497 P.2d 72 (1972)¹, wherein the court held that the failure to file an SR-1A fonn does not preclude an insurer from • denying liability.

Accordingly, the judgment of the trial court granting summary judgment in favor of the appellee and against appellant is affirmed.

KRUCKER, C. J., and HOWARD, J., . concur.

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HATHAWAY, Judge.

This is an appeal from a summary judgment granted in favor of the appellee insurance company and against appellants. There is but one question dispositive of this appeal: Is an insurance company precluded from denying liability for a judgment rendered against a former insured -when the policy of insurance has been terminated prior to the accident because of a nonpayment of premium, but the insurance company does not return the SR-1A form to the Motor Vehicle Division of the Arizona Highway Department. This issue has recently been decided in the cases of Aetna Casualty and Surety Co. v. Newton, 18 Ariz.App. 115, 500 P.2d 900 (1972); Nicholas v. Carolina Casualty Co., 17 Ariz.App. 252, 497 P.2d 72 (1972)¹, wherein the court held that the failure to file an SR-1A fonn does not preclude an insurer from • denying liability.

Accordingly, the judgment of the trial court granting summary judgment in favor of the appellee and against appellant is affirmed.

KRUCKER, C. J., and HOWARD, J., . concur.

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503 P.2d 825, 18 Ariz. App. 470, 1972 Ariz. App. LEXIS 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-national-union-fire-insurance-arizctapp-1972.

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