Luis BALLESTEROS and Alma Ballesteros, husband and wife; Guadalupe Portillo; Gerardo Portillo; Ricardo Portillo; Manuel Portillo; Ruben Portillo; Guadalupe Portillo Jr.; and Patricia Yerena, Plaintiffs/Appellees,
v.
AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, a foreign corporation doing business in the state of Arizona as American Family Insurance Company; American Family Mutual Insurance Company, a foreign corporation doing business in the state of Arizona; Shirlee Kopin; and Shawn D. Morris, Defendants/Appellants.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
January 20, 2011.
January 20, 2011.
Attorney(s) appearing for the Case
Law Office of Elliot Glicksman, P.L.L.C. By Elliot A. Glicksman and Gabroy, Rollman, & Bosse, P.C. By John Gabroy , Richard A. Brown , Tucson, Attorneys for Luis Ballesteros, Alma Ballesteros, Guadalupe Portillo, Gerardo Portillo, Ricardo Portillo, Manuel Portillo, Ruben Portillo, Guadalupe Portillo Jr., and Patricia Yerena.
Lewis and Roca, L.L.P. By Steven J. Hulsman , Brenden J. Griffin , Lawrence A. Kasten , Phoenix, Attorneys for American Standard Insurance Company of Wisconsin, American Family Insurance Company, American Family Mutual Insurance Company, Shirlee Kopin, and Shawn D. Morris.
Modrall, Sperling, Roehl, Harris, & Sisk, P.A. By Brian K. Nichols , Albuquerque, NM, Attorney for Amicus Curiae Progressive Casualty Insurance Company.
Ehmann DeCiancio, P.L.L.C. By Joel DeCiancio , Christopher Robbins , Tempe, Attorneys for Amici Curiae National Association of Mutual Insurance Companies and Property Casualty Insurers.
The Hassett Law Firm, P.L.C. By Myles P. Hassett , Lucas N. Frank , Phoenix, Attorneys for Amicus Curiae Independent Insurance Agents and Brokers of Arizona.
Terry Goddard , Arizona Attorney General, By Lynette J. Evans , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Christina Urias, Director, State of Arizona Department of Insurance.
Law Offices of David L. Abney By David L. Abney , Phoenix, Attorneys for Amici Curiae Arizona Trial Lawyers Association and Arizona Association for Justice.
¶ 1 Arizona Revised Statutes (A.R.S.) section 20-259.01 (Supp. 2009)1 requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to their insureds by giving them a "written notice." The issue in this case is whether the insurer may satisfy this statutory requirement by providing an Insurance Department-approved English-language form to a Spanish-speaking insured...
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