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CURRAN v. PROGRESSIVE NORTHWESTERN INS. CO.

Nos. S-9311, S-9355.

29 P.3d 829 (2001)

Sheila CURRAN and Mark Barnhill, Appellants, v. PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, State Farm Mutual Automobile Insurance Co., and Government Employees Insurance Co., Appellees.

Supreme Court of Alaska.

August 31, 2001.

Attorney(s) appearing for the Case

Michael J. Schneider, Law Offices of Michael J. Schneider, P.C., Anchorage, and Christopher W. Rose, Palmer, for Appellants.

Susan M. West, Guess & Rudd, P.C., Anchorage, for Appellee Progressive Northwestern Insurance Co.

Joe M. Huddleston, Hughes Thorsness Powell Huddleston & Bauman LLC, Anchorage, for Appellee State Farm Mutual Automobile Insurance Co.

Barry J. Kell, Wilkerson & Associates, Anchorage, for Appellee Government Employees Insurance Co.

Before FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

This case involves insurance claims arising from two vehicular accidents. Sheila Curran was injured in a single-vehicle accident. After declining to bring a claim against the driver or his liability insurer, she made claims under both the driver's and her own underinsured motorist (UIM) policies. Both underinsurers denied her claims, asserting that she had failed to exhaust the underlying liability...

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