No. 2 CA-CIV 1142 Precedential Reversed Processed

Aetna Casualty & Surety Co. v. Newton

Arizona Court of Appeals · Filed September 14, 1972 · 500 P.2d 900

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Opinion text

HOWARD, Judge. This is an appeal from a judgment on stipulated facts in favor of the appellee and against the appellant insurance company. There is but one question dispositive of *116 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 case of 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 form does not preclude an insurer from ■denying liability. Accordingly, the judgment of the trial ■court awarding judgment in favor of the appellee and against the appellant is reversed. KRUCKER, C. J., and HATHAWAY, J., concur. . The Arizona Supreme Court denied review on July 13, 1972.