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

No. S-12779.

199 P.3d 581 (2008)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Brenda A. WILSON, in her capacity as Special Administrator of the Estate of William D. Wilson, Appellee.

Supreme Court of Alaska.

December 31, 2008.

Attorney(s) appearing for the Case

David S. Carter, Hughes, Pfiffner, Gorski, Seedorf & Odsen, LLC, Anchorage, for Appellant.

Howard J. Meyer, Jr., Michael W. Flanigan, Walther & Flanigan, Anchorage, for Appellee.

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

OPINION

MATTHEWS, Justice.

At issue in this case is the application of a statute that provides that underinsured motorist (UIM) coverage is excess to and may not duplicate payments made under liability or medical payment policies or workers' compensation benefits. The statute, AS 28.20.445(b), provides:

An amount payable under the uninsured and underinsured motorist coverage shall be excess to an...

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