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TAYLOR v. TRAVELERS INDEM. CO. OF AMERICA

No. 1 CA-CV 98-0445.

992 P.2d 1142 (1999)

196 Ariz. 47

Nellie T. TAYLOR, Plaintiff-Appellant, v. The TRAVELERS INDEMNITY COMPANY OF AMERICA, Defendant-Appellee.

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

As Amended July 13 and August 20, 1999.

Review Granted February 8, 2000.

Attorney(s) appearing for the Case

Jackson White Gardner Weech & Walker by Richard A. White, Eric K. Macdonald, Mesa, Attorneys for Plaintiff-Appellant.

Teilborg, Sanders & Parks, P.C. by John C. Gemmill, David E. Koval, Phoenix, Attorneys for Defendant-Appellee.

OPINION

NOYES, Judge.

¶ 1 Plaintiff made a claim on her Underinsured Motorist ("UIM") coverage. Travelers denied the claim because it had already paid Plaintiff under the liability coverage of that policy. We hold that Plaintiff's UIM claim cannot be denied for that reason, and we limit Preferred Risk Mutual Insurance Co. v. Tank, 146 Ariz. 33, 703 P.2d 580 (App.1985), to cases...

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