[Download] "Porter V. Empire Fire And Marine Insurance Co." by Arizona Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Porter V. Empire Fire And Marine Insurance Co.
- Author : Arizona Supreme Court
- Release Date : January 08, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Porter was insured by the defendant-petitioner, the Empire Fire and Marine Insurance Company (Empire) and his policy contained the standard uninsured motorist provision. Prior to accepting Employer's settlement, Porter demanded that Empire pay the difference between his injuries and the proposed settlement -- a sum of $7,500 -- under the uninsured motorist policy, which Empire declined to do. Porter then filed suit in the Superior Court for the County of Pima. Empire answered and filed a Motion to Dismiss the Complaint on the grounds that it failed to state a claim upon which relief could be granted, which Motion was granted by the court. Empire bases its defense on the ground that the tort-feasor, Fitch was covered by a policy of insurance at the time of the accident which conformed to the minimum requirements of the financial responsibility law and therefore was not an uninsured motorist which exempts Empire's uninsured motorist coverage. Empire's policy definition of a noninsured vehicle is as follows: