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Shade v. United States Fidelity and Guaranty Co.5/10/1990
cle City's coverage provisions were not conspicuously apparent to Douglas Jewell, even though he had not read the policies, and therefore, they raised a material issue of fact as to whether USF & G was negligent in drafting the provisions. The Shades claim that USF & G had notice of its duty, citing Sylla v. United States Fidelity & Guaranty Co., 54 Cal.App.3d 895, 127 Cal.Rptr. 38 (1976), in support of this proposition.
The Shades' argument is fatally flawed. Policy 1, the policy that was transferred to the Jewells was issued on March 15, 1975, more than nine months before Sylla was decided. Notice based on that case was thus not possible. Further, policy 2 clearly states that the insured is covered for bodily injury occurring during the policy period. Having found no issue of fact, we find that
the court properly entered summary judgment in favor of USF & G.
3. Summary Judgment.
Citing Mozes v. Daru, 4 Ariz. App. 385, 420 P.2d 957 (1966), the Shades' final contention is that Judge Carruth erred in granting USF & G's motion for summary judgment because Judge Hannah had previously denied its motion for directed verdict on the same facts. The court in Mozes condemned "horizontal appeals," the practice of bringing the same motion before different superior court judges in the hope of finding one who will rule in one's favor. The case also states that there is no ironclad rule that absolutely precludes renewal of a prior motion or making a subsequent motion for the same relief, and that no purpose would be served by forcing a case to trial once it clearly appears that summary judgment should be granted. That is the case here.
Affirmed.
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