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SAMSEL v. ALLSTATE INS. CO.

No. CV-01-0158-PR.

59 P.3d 281 (2002)

204 Ariz. 1

Michael and Cynthia SAMSEL, husband and wife; Lisa Samsel, a single woman, Plaintiffs/Appellees, v. ALLSTATE INSURANCE COMPANY, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

December 12, 2002.

Attorney(s) appearing for the Case

Bruce A. Burke and Robert Q. Hoyt, Tucson, Attorneys for Plaintiffs/Appellees.

Steptoe & Johnson, L.L.P. by Floyd P. Bienstock, Bennett Evan Cooper, Phoenix, and Sonnenschein, Nath & Rosenthal by Jeffrey Lennard, Mark Hanover, Chicago, Attorneys for Defendant/Appellant.

Arizona Trial Lawyers Association by Amy G. Langerman, Phoenix, Attorneys for Amicus Curiae.

OPINION

MYERS, Judge.*

¶ 1 Defendant/Appellant Allstate Insurance Co. appealed from an adverse summary judgment on a claim for breach of the medical payments coverage provisions of an automobile policy Allstate issued to Plaintiffs/Appellees Michael and Cynthia Samsel. The court of appeals affirmed, holding that reasonable medical expenses paid on behalf of Lisa Samsel, the injured party, by her health maintenance organization...

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