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MILLER v. AMERICAN STANDARD INS. CO. OF WISCONSIN

No. CV-09-1954-PHX-FJM.

759 F.Supp.2d 1144 (2010)

Michelle MILLER; Nathan Miller, Plaintiffs, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Defendant.

United States District Court, D. Arizona.

December 3, 2010.

Attorney(s) appearing for the Case

Charles J. Surrano, III , John Neal Wilborn , Trinette G. Kent , Surrano Law Offices, Phoenix, AZ, for Plaintiffs.

David D. Garner , Steven J. Hulsman , William George Voit , Lewis & Roca LLP, Phoenix, AZ, for Defendant.

I

ORDER

FREDERICK J. MARTONE, District Judge.

The issue presented is whether Arizona's Uninsured/Underinsured Motorist Act, A.R.S. § 20-259.01, permits an insurer to reduce underinsured motorist (UIM) coverage by the amount paid under a medical expense coverage provision in the same automobile insurance policy. We have before us plaintiffs' motion to certify a class (doc. 34), defendants' response (doc. 68), plaintiffs' reply (doc. 73); plaintiffs...

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