Quimbee logo with url
From our private database of 14,500+ case briefs...

Darner Motor Sales v. Universal Underwriters

Supreme Court of Arizona
682 P.2d 388 (1984)


Darner Motors Sales (Darner) (plaintiff) purchased umbrella coverage and a “U-Drive” policy from Universal Underwriters (Universal) (defendant). The U-Drive policy insured Darner and the lessees of its cars for liability risk of up to $100,000 for any one injury and $300,000 for all injuries arising out of one accident (100/300). Lessees were covered to $15,000 for one injury and $30,000 for all injuries to themselves (15/30). Darner claimed that it had informed Universal that its rental contracts specified a higher amount of insurance for lessees and that Universal had assured it that injuries exceeding the lessee insurance would be covered under the “all-risk” clause of the umbrella policy. Darner rented a car to Dwayne Crawford. The rental agreement specified 100/300 coverage. While driving the vehicle, Crawford negligently injured a pedestrian and caused severe injuries. The pedestrian sued Crawford, and Crawford made an insurance claim to Universal, which stated that its coverage was limited to 15/30. When Crawford then sued Darner under the terms of the rental agreement providing coverage of 100/300, Darner called upon Universal to provide coverage under the umbrella policy, but Universal claimed that lessees were not parties “insured” under the policy, and declined to provide coverage in excess of 15/30. Darner then filed a third party complaint, naming Universal as a third party defendant. Darner appealed the grant of summary judgment to Universal.

Rule of Law


Holding and Reasoning (Feldman, J.)

Concurrence (Cameron, J.)

Dissent (Holohan, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 265,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,500 briefs, keyed to 196 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.