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

1041960.

952 So.2d 342 (2006)

Dustin Scott SMITH, Gail Smith, and Larry Smith v. STATE FARM MUTUAL AUTOMOTIVE INSURANCE COMPANY.

Supreme Court of Alabama.

July 21, 2006.

Attorney(s) appearing for the Case

Patrick M. Lavette of Davenport & Lavette, P.C., Birmingham, for appellants.

Ronald G. Davenport of Rushton, Stakely, Johnston & Garret, P.A., Montgomery, for appellee.

SEE, Justice.

This is an underinsured-motorist case. Dustin Scott Smith, Gail Smith, and Larry Smith appeal from a summary judgment in favor of State Farm Mutual Automotive Insurance Company ("State Farm"). We reverse and remand.

I. Facts and Procedural History

On May 30, 2002, 18-year-old Dustin Smith was severely injured in an automobile accident in Chilton County. James Arant was driving the automobile, and Dustin was a passenger.

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