PROGRESSIVE CAS. v. ESTATE OF PALOMERA-RUIZ

No. 1 CA-CV 09-0065.

231 P.3d 384 (2010)

PROGRESSIVE CASUALTY INSURANCE COMPANY, an Ohio corporation, Plaintiff-Appellant, v. ESTATE OF Jose Juan PALOMERA-RUIZ, a single man; Giant Electric Corporation, an Arizona corporation, Defendants-Appellees.

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

May 20, 2010.


Attorney(s) appearing for the Case

Kuntz Plitt Hyland Demlong & Kleifield PC By Steven Plitt, Daniel Maldonado, John K. Wittwer, Phoenix, Attorneys for Plaintiff-Appellant.

Kleinman Lesselyong & Novak By Frank E. Lesselyong and Michael Fairbairn Cordova PC, By Michael Fairbairn Cordova, Phoenix, Co-Counsel for Defendant-Appellee Estate of Palomera-Ruiz.


OPINION

HALL, Judge.

¶ 1 In this appeal, we apply the Arizona Revised Statutes (A.R.S.) section 20-259.01 (Supp.2009) provision requiring an insurer to extend a written notice offering uninsured motorist coverage to an insured in an amount equal to the insured's liability coverage. The superior court held that a recording of a telephone conversation concerning such coverage failed to satisfy the written notice requirement and granted summary judgment...

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