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ESTATE OF BALL v. AMERICAN MOTORISTS INS.

No. 1 CA-CV 91-0364.

178 Ariz. 411 (1993)

874 P.2d 968

ESTATE OF Jennifer A. BALL, By and Through its personal representative, Elmer SAYRE, Plaintiff-Appellant, Cross Appellee, v. AMERICAN MOTORISTS INSURANCE COMPANY, a Texas corporation; Kemper National P & C Companies dba American Motorist Insurance Company (AMICO), a foreign corporation, Defendants-Appellees, Cross Appellants.

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

Review Granted and Denied June 1, 1994.

Attorney(s) appearing for the Case

Law Offices of Glynn W. Gilcrease, Jr. by Glynn W. Gilcrease, Jr., Tempe, for plaintiff-appellant cross appellee.

Jennings, Strouss & Salmon by John A. Micheaels, and James M. Ackerman, Phoenix, for defendants-appellees cross appellants.

Review Granted on issue 1 and Denied on other issues June 1, 1994.

OPINION

NOYES, Judge.

The question is whether a named insured can waive an insurer's violation of Ariz. Rev. Stat. Ann. (A.R.S.) section 20-259.01(C) (Supp. 1992), the statute requiring insurers to give named insureds a written offer of underinsured motorist (UIM) coverage. We hold that a named insured can make such a waiver by...

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