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DEMKO v. STATE FARM MUT. AUTO. INS. CO.

No. 1 CA-CV 02-0249.

65 P.3d 446 (2003)

204 Ariz. 497

Roger DEMKO, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

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

Redesignated as Opinion and Publication Ordered March 31, 2003.

Attorney(s) appearing for the Case

Gage & Mathers, Ltd., by G. David Gage, Phoenix, Attorneys for Plaintiff-Appellant.

Bell, O'Connor & Campbell, P.C., by David M. Bell, Neil Singh, Phoenix, Attorneys for Defendant-Appellee.

OPINION

WINTHROP, Judge.

¶ 1 This appeal arises from the trial court's grant of summary judgment in favor of Appellee. The central issue is whether Appellant can collect UIM benefits under an insurance policy provided by Appellee or whether Appellee's definition of "underinsured vehicle," which excludes vehicles covered under the liability potion of such policy, is a valid means to prevent coverage. For the...

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