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ARTICLE · 06 NOVEMBER 2021

Gonzalez v. United Fin. Cas. Co. (Arizona)

The Arizona courts have held that auto policies that cover a driver or passenger when they enter a vehicle may be limited to the literal meaning of the act of entering...

United StatesLitigation, Mediation & Arbitration

(November 2021) - The Arizona courts have held that auto policies that cover a driver or passenger when they enter a vehicle may be limited to the literal meaning of the act of entering a vehicle, excluding activities that may precede entering a vehicle, like addressing other prospective passengers in the same group of friends who are waiting to enter.

In Arizona, if a passenger contacts a rideshare company like Lyft or Uber, when the operator arrives, they should enter the vehicle immediately and carefully. If the passengers' friends sharing the ride are not paying attention and are wandering around, which often happens at the end of a night of imbibing, the passenger should not exit the vehicle to round them up. The Arizona Court of Appeals recently made this clear in Gonzalez v. United Fin. Cas. Co., Docket No. 1 CA-CV 20-0363, 2021 Ariz. App. Unpub. LEXIS 202, at *1-3 (Ct. App. Feb. 23, 2021). If the passenger hesitates and doubles back for their friends,

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