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PREFERRED RISK MUT. INS. CO. v. TANK

No. 1 CA-CIV 7967.

146 Ariz. 33 (1985)

703 P.2d 580

PREFERRED RISK MUTUAL INSURANCE COMPANY, an Iowa corporation, Plaintiff-Appellee, v. Harlyn TANK, Special Administrator of the Estates of Christy Lynn Presley and Victoria T. Presley, deceased; Roger V. Johnson, Conservator of the Estates of James Michael Johnson, a minor, and Kathy Ann Johnson, a minor; and Harold Presley, a single person, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

July 16, 1985.

Attorney(s) appearing for the Case

Udall, Shumway, Blackhurst, Allen, Lyons & Davis, P.C. by Merle M. Allen, Jr. and Steven H. Everts, Mesa, for plaintiff-appellee.

Paul J. Faith, Goodyear, for defendants-appellants.

OPINION

HAIRE, Judge.

This appeal is from summary judgment awarded in favor of Preferred Risk Mutual Insurance Company (Preferred Risk) in a declaratory judgment action filed to determine whether it was obligated to provide coverage pursuant to the underinsured motorist provision of an automobile insurance policy. The trial court held that the contract was valid, was contrary neither to Arizona law nor public policy and that Preferred Risk was not required...

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