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LOPEZ v. UNITED AUTO. INS. CO.

No. 20100054.

274 P.3d 897 (2012)

2012 UT 10

Maria LOPEZ, Plaintiff and Respondent, v. UNITED AUTOMOBILE INSURANCE COMPANY and El Sol Insurance Agency, LLC, Defendants and Petitioners.

Supreme Court of Utah.

February 24, 2012.

Attorney(s) appearing for the Case

Daniel F. Bertch , Kevin R. Robson , Salt Lake City, for respondent.

Tim D. Dunn , Michael J. Collins , Salt Lake City, for petitioner.

James W. McConkie , Kenneth D. Lougee , W. Alexander Evans , Salt Lake City, for amici United Automobile Insurance Company's customers.

On Certiorari to the Utah Court of Appeals

Associate Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 We are asked to determine what constitutes a "reasonable explanation" of underinsured motorist (UIM) coverage under section 31A-22-305.3 of the Utah Code (UIM Statute). The UIM Statute provides that an insured "may reject [UIM] coverage by an express writing to the insurer.... on a form provided by the insurer that includes a

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