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ESTATE OF LOMASTRO EX REL. LOMASTRO v. AMERICAN FAMILY INS., GROUP

No. 49125.

195 P.3d 339 (2008)

ESTATE OF Matthew LOMASTRO, Deceased, by and through Steven LOMASTRO and Colleen Morris, his Parents and Legal Guardians; Steven Lomastro, Individually; and Colleen Morris, Individually, Appellants/Cross-Respondents, v. AMERICAN FAMILY INSURANCE GROUP, A Foreign Corporation, Respondent/Cross-Appellant.

Supreme Court of Nevada.

October 30, 2008.

Attorney(s) appearing for the Case

Bowen Monson, LLC, Jerome R. Bowen, Las Vegas, for Appellants/Cross-Respondents.

Prince & Keating, LLP, Dennis M. Prince and Douglas J. Duesman, Las Vegas, for Respondent/Cross-Appellant.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.

OPINION

By the Court, HARDESTY, J.:

This matter arises from a single-vehicle rollover accident that claimed the driver's life. The vehicle's owner, who was a passenger in the vehicle and who survived the accident, did not maintain automobile insurance on the vehicle. Thus, to recover insurance proceeds from the driver's death, the driver's parents made a claim with their insurance company, under the uninsured motorist provision of their policy. The...

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