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

No. CV-07-0057-PR.

174 P.3d 270 (2008)

Jean CUNDIFF, Plaintiff/Appellant/Cross-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant/Appellee/Cross-Appellant.

Supreme Court of Arizona, En Banc.

January 10, 2008.


Attorney(s) appearing for the Case

Law Office of Bruce A. Burke, P.C. by Bruce A. Burke and Elliot Glicksman by Elliot A. Glicksman and Law Offices of John L. Tully, P.C. by John L. Tully, Tucson, Attorneys for Jean Cundiff.

Bryan Cave, L.L.P. by Lawrence G. Scarborough, J. Alex Grimsley, Phoenix, Attorneys for State Farm Mutual Automobile Insurance Company.

Haralson Miller Pitt Feldman & McAnally, P.L.C. by Stanley G. Feldman, Tucson, Attorney for Amicus Curiae United Policyholders.

Law Offices of Charles M. Brewer, Ltd. by David L. Abney, Phoenix, Attorney for Amicus Curiae Arizona Trial Lawyers Association.


OPINION

McGREGOR, Chief Justice.

¶ 1 We granted review to decide whether Arizona's Uninsured/Underinsured Motorist Act (UMA), Ariz.Rev.Stat. (A.R.S.) § 20-259.01 (2002 & Supp.2007), permits an insurer to reduce Underinsured Motorist (UIM) coverage by the amount of workers' compensation benefits an insured receives. See A.R.S. § 20-259.01.G (defining UIM coverage). For the reasons that follow, we hold that the UMA's definition of...

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