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PROGRESSIVE CORP. v. PETER EX REL. PETER

No. S-12552.

195 P.3d 1083 (2008)

The PROGRESSIVE CORPORATION and Progressive Northwestern Insurance Company, Appellants, v. Samuel PETER, Jr., through his next friend, Samuel PETER, Sr., and Samuel Peter, Sr., Individually, Appellees.

Supreme Court of Alaska.

November 14, 2008.

Attorney(s) appearing for the Case

Gary A. Zipkin and Susan M. West, Guess & Rudd, P.C., Anchorage, for Appellants.

David Karl Gross, Birch Horton Bittner and Cherot, Anchorage, for Appellees.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

After Samuel Peter, Jr., a minor, was injured in an accident, his father, Samuel Peter, Sr., for himself and Samuel, Jr. sued the Progressive Corporation and Progressive Northwestern Insurance Company (collectively, Progressive), the family auto insurer. Their complaint included a claim that Progressive wrongfully refused to pay the policy limits of their underinsured motorist (UIM) coverage. When...

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