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TRANSNATIONAL INSURANCE COMPANY v. SIMMONS

No. 1 CA-CIV 2107.

19 Ariz. App. 354 (1973)

507 P.2d 693

TRANSNATIONAL INSURANCE COMPANY, Appellant, v. Larry W. SIMMONS, Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied April 18, 1973.

Review Denied May 15, 1973.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by William T. Birmingham and M. Byron Lewis, Phoenix, for appellant.

Edward L. Hohn, Phoenix, for appellee.

HOWARD, Judge.

On November 5, 1966, the appellee sustained personal injuries which resulted from an automobile collision with a car being driven by an uninsured motorist. On December 1, 1967, appellee notified his insurance company, the appellant, that he was making a claim under the uninsured motorist coverage of his policy. This policy provided, inter alia, that:

"The company will pay all sums which the insured . .. shall be legally entitled to recover...

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