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McARTHUR v. STATE FARM MUT. AUTO. INS. CO.

No. 20100847.

274 P.3d 981 (2012)

2012 UT 22

Tavis McARTHUR, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of Utah.

April 3, 2012.

Attorney(s) appearing for the Case

A. Bryce Dixon , St. George, for appellant.

Stuart H. Schultz , Andrew D. Wright , Andrew B. McDaniel , Salt Lake City, for appellee.

Justice LEE, opinion of the Court:

¶ 1 After sustaining injuries in an auto accident, Tavis McArthur filed this suit in federal district court to recover underinsured motorist (UIM) benefits under his State Farm automobile insurance policy. Soon thereafter, State Farm filed a motion for summary judgment, arguing that McArthur had failed to exhaust the liability limits of the tortfeasor's insurance, a precondition of...

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