ST. PAUL FIRE & MARINE INS. v. GILMORE

No. 1 CA-CV 88-318.

165 Ariz. 113 (1990)

796 P.2d 915

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellant, Cross Appellee, v. Sharon GILMORE and John Doe Gilmore, wife and husband, Defendants-Appellees, Cross Appellants.

Court of Appeals of Arizona, Div. 1, Department A.

Review Granted September 25, 1990.


Attorney(s) appearing for the Case

Rake, Copple, Downey & Black by William J. Downey, Phoenix, for appellant.

Jennings, Strouss & Salmon by Jefferson L. Lankford, and Feder Law Offices, P.A. by Harold Feder, Phoenix, for appellees.


OPINION

SHELLEY, Judge.

Is an insurer providing general commercial liability insurance required to offer underinsured motorist (UIM) coverage pursuant to A.R.S. § 20-259.01(C)? The trial court answered in the affirmative and entered summary judgment in favor of the insured accordingly. For the reasons set forth below, we reverse and remand.

The facts, for purposes of appeal, are undisputed. Appellee Sharon Gilmore was the executive secretary and...

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