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LOWING v. ALLSTATE INS. CO.

Nos. CV-92-0259-PR, CV-92-0381-PR.

176 Ariz. 101 (1993)

859 P.2d 724

Paula and Scott LOWING, wife and husband, Plaintiffs/Appellants, v. ALLSTATE INSURANCE COMPANY, INC., Defendant/Appellee. Lewis HORVATH and Coletta Horvath, Plaintiffs-Appellants, v. CONTINENTAL CASUALTY, a foreign insurance company, individually in its name and d/b/a CNA Insurance Companies, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

Reconsideration Denied November 30, 1993.

Attorney(s) appearing for the Case

Michael E. Larkin, Tucson, for Paula and Scott Lowing.

Kimble, Gothreau & Nelson by William Kimble, David F. Toone and Stephen E. Kimble, Tucson, for Allstate Ins. Co.

Danny L. Cowser, Flagstaff, for Lewis and Coletta Horvath.

Gallagher & Kennedy by Don D. Skypeck and W. Charles Thomson, III, Phoenix, for Continental Cas.

OPINION

MARTONE, Justice.

We are asked to decide whether an unidentified accident-causing motorist is "uninsured" within the meaning of the Uninsured Motorist Act, A.R.S. § 20-259.01, and thus whether an insurance policy that does not provide coverage for bodily injury caused by such motorists, unless physical contact occurred between the motorist and the insured, fails to comply with the statute. We answer both of these questions in the affirmative and...

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