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WILKS v. MANOBIANCO

No. CV-14-0260-PR.

352 P.3d 912 (2015)

Lesley WILKS and Paul Wilks, wife and husband, Plaintiffs/Appellants, v. John MANOBIANCO and Sandra Lee Manobianco, husband and wife; John Manobianco Insurance Agency, Inc., Defendants/Appellees.

Supreme Court of Arizona.

July 9, 2015.

Attorney(s) appearing for the Case

Mick Levin (argued), Tidmore Law Offices, L.L.P., Phoenix, Attorneys for Lesley Wilks and Paul Wilks.

Myles P. Hassett (argued), Julie K. Moen , and Jamie A. Glasser , The Hassett Law Firm, P.L.C., Phoenix, Attorneys for John Manobianco, Sandra Lee Manobianco, and John Manobianco Insurance Agency, Inc.

Christopher Robbins and Joel DeCiancio , DeCiancio Robbins, PLC, Tempe, Attorneys for Amicus Curiae Independent Insurance Agents and Brokers of Arizona.

David L. Abney , Knapp & Roberts, P.C., Scottsdale, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Stanley G. Feldman (argued) and Thomas G. Cotter , Haralson, Miller, Pitt, Feldman & McAnally, P.L.C., Tucson, Attorneys for Amicus Curiae Robert Murray and Marcia Murray.

Greg S. Como , Lewis Brisbois Bisgaard & Smith, LLP, Phoenix, Attorneys for Amicus Curiae Randy Jones and Farmers Insurance Company of Arizona.

Justice BERCH authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, and Justices BRUTINEL and TIMMER joined.

¶ 1 Arizona Revised Statutes § 20-259.01 requires insurers to offer uninsured motorist ("UM") and underinsured motorist ("UIM") coverage to their insureds. Insurers may prove compliance with the statute by having their insureds sign a Department of Insurance ("DOI") approved form selecting or rejecting...

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