escape clause (Arizona) · Go Syfert
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escape clause in Arizona

8 Arizona opinions name it 2 courts 1971–2014 0 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
State Farm Mutual Automobile Insurance Company v. United States Fidelity And Guaranty Companygreen
ca4 · 1974 · cited in 2 Arizona opinions naming this issue, 1985–1986
2 sentences

1986We “believe such a choice is supported by the better reasoning and accords with the growing weight of authority.” State Farm v. United States Fidelity and Guaranty Co., 490 F.2d at 411 (cita *150 tions omitted).

1985See State Farm Mutual Automobile Insurance Co. v. United States Fidelity and Guaranty Co., 490 F.2d 407, 410 (4th Cir.1974); see generally, Annot., 46 A.L.R.2d 1159 (1954).

22
Bearden v. Georgiagreen
scotus · 1983 · cited in 1 Arizona opinions naming this issue, 2014–2014
1 sentence

2014See 461 U.S. at 672-73 . 3 C.

11
Rashid v. State Farm Mutual Automobile Insurancegreen
ariz · 1990 · cited in 1 Arizona opinions naming this issue, 2006–2006
1 sentence

2006The court in Rashid qualified its holding, stating, “Because [State Farm’s escape provision] removes that which the statute requires to be in the policy, we hold the escape clause cannot be applied when the insured is not fully indemnified.” Id. at 275, 787 P.2d at 1071 (emphasis added). ¶20 Schultz permits an insurer to limit coverage to avoid double recovery, interpreting the statute to permit an exclusion or offset, provided an injured party is fully compensated for his or her actual damages.

11
State Farm Mutual Automobile Insurance v. Fireman's Fund Insurancegreen
ariz · 1986 · cited in 1 Arizona opinions naming this issue, 1993–1993
1 sentence

1993Id. at 179, 717 P.2d at 858.

11
Cooper v. Arizona Bd. of Pardons and Parolesgreen
ariz · 1986 · cited in 1 Arizona opinions naming this issue, 1993–1993
1 sentence

1993Id. at 182, 717 P.2d at 861.

11
Aid Insurance Co. v. United Fire & Casualty Co.green
iowa · 1989 · cited in 1 Arizona opinions naming this issue, 1991–1991
1 sentence

1991Co., 445 N.W.2d 767, 770 (Iowa 1989) (a clause excluding coverage unless other insurance does not exist is just as much an escape clause as one that provides coverage unless other insurance does exist).

11
cluster 534218green
ca1 · 1990 · cited in 1 Arizona opinions naming this issue, 1991–1991
1 sentence

1991See Sifers v. General Marine Catering Co., 892 F.2d 386 , 393 (court accurately characterized a clause permitting the denial of coverage as an escape clause), modified on other grounds, 897 F.2d 1288 (5th Cir.1990); Aid Ins.

11
cluster 537738green
ca1 · 1990 · cited in 1 Arizona opinions naming this issue, 1991–1991
1 sentence

1991See Sifers v. General Marine Catering Co., 892 F.2d 386 , 393 (court accurately characterized a clause permitting the denial of coverage as an escape clause), modified on other grounds, 897 F.2d 1288 (5th Cir.1990); Aid Ins.

11
Arizona Property & Casualty Insurance Guaranty Fund v. Herdergreen
ariz · 1988 · cited in 1 Arizona opinions naming this issue, 1990–1990
2 sentences

1990APPLEMAN, INSURANCE LAW AND PRACTICE § 5102.25, at 471-72 (1981); see also Herder, 156 Ariz. at 205 , 751 P.2d at 521 ; Annotation, Combining Or “Stacking” Uninsured Motorist Coverages Provided In Policies Issued By Different Insurers To Different Insureds, 28 A.L.R.4th 362 (1984).

1990APPLEMAN, INSURANCE LAW AND PRACTICE § 5102.25, at 471-72 (1981); see also Herder, 156 Ariz. at 205 , 751 P.2d at 521 ; Annotation, Combining Or “Stacking” Uninsured Motorist Coverages Provided In Policies Issued By Different Insurers To Different Insureds, 28 A.L.R.4th 362 (1984).

11
Continental Cas. Co. v. Weekesgreen
fla · 1954 · cited in 1 Arizona opinions naming this issue, 1985–1985
1 sentence

1985See State Farm Mutual Automobile Insurance Co. v. United States Fidelity and Guaranty Co., 490 F.2d 407, 410 (4th Cir.1974); see generally, Annot., 46 A.L.R.2d 1159 (1954).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Schultz v. Farmers Insurance Group of Companies green
ariz · 1991
2 sentences

2006The applicable “test,” the court in Schultz stated, “is whether applying the endorsement denies *547 full recovery for the insured’s loss.” 167 Ariz. at 153 , 805 P.2d at 386 .

2006The applicable “test,” the court in Schultz stated, “is whether applying the endorsement denies *547 full recovery for the insured’s loss.” 167 Ariz. at 153 , 805 P.2d at 386 .

12006–2006
Brown v. State Farm Mutual Automobile Insurance green
ariz · 1989
1 sentence

2006Id.

12006–2006
State Farm Mutual Automobile Insurance v. Bogart green
ariz · 1986
2 sentences

1991An escape clause, in contrast, provides that “a policy which would otherwise cover the loss will afford no coverage at all in the event that there is other insurance available.” Bogart, 149 Ariz. at 147 , 717 P.2d at 451 ; see also Appleman, § 4910, at 457.

1991An escape clause, in contrast, provides that “a policy which would otherwise cover the loss will afford no coverage at all in the event that there is other insurance available.” Bogart, 149 Ariz. at 147 , 717 P.2d at 451 ; see also Appleman, § 4910, at 457.

11991–1991
State Farm Mutual Automobile Insurance v. Bogart green
arizctapp · 1985
2 sentences

1986State Farm Mutual Auto Insurance Co. v. Bogart, 149 Ariz. 154 , 717 P.2d 458 (1985).

1986State Farm Mutual Auto Insurance Co. v. Bogart, 149 Ariz. 154 , 717 P.2d 458 (1985).

11986–1986
Rocky Mountain Fire & Casualty Co. v. Allstate Insurance green
arizctapp · 1971
2 sentences

1986Id., 13 Ariz.App. at 35 , 474 P.2d at 42 .

1986Id., 13 Ariz.App. at 35 , 474 P.2d at 42 .

11986–1986
Lincombe v. State Farm Mutual Automobile Ins. Co. green
lactapp · 1964
1 sentence

1971In support of this contention he cites Lincombe v. State Farm Mutual Automobile Insurance Co., 166 So.2d 920 (La.

11971–1971

Where else courts name it

MO 133 (1973–2024) CA 57 (1966–2025) OR 46 (1968–2026) IL 31 (1970–2018) IA 12 (1970–2023) PA 10 (1970–2017) TX 10 (1960–2022) MA 8 (1953–2005) AZ 8 (1971–2014) FL 8 (1963–2010) MD 7 (1935–2025) LA 7 (1986–2018) MI 7 (1970–2000) WI 7 (1977–2025) OH 6 (1957–2022) NJ 6 (1981–2019) KY 6 (1974–2024) IN 5 (1982–2007) CT 5 (1991–2001) MS 5 (1971–2017) WA 4 (1994–2011) CO 4 (1993–2025) NY 4 (1952–2004) ND 3 (2002–2011) TN 3 (1992–2012) OK 2 (1997–1998) VA 2 (1968–1975) MT 2 (2002–2014) NC 2 (1993–2001) KS 2 (1997–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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