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

No. 1 CA-CIV 5764.

139 Ariz. 274 (1983)

678 P.2d 459

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant and Cross-Appellee, v. Jean GIBBS, Personal Representative of the estate of Robert Michael Gibbs, and Clyde Gibbs and Jean Gibbs, husband and wife and surviving parents of Robert Michael Gibbs, Defendants-Appellees and Cross-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied November 18, 1983.

Review Denied February 15, 1984.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Ralph E. Hunsaker, Scott A. Salmon, Phoenix, for plaintiff-appellant and cross-appellee.

Rolle, Benton & Plante by F. Keith Benton, Yuma, for defendants-appellees and cross-appellants.

OPINION

CORCORAN, Judge.

This appeal involves the question of whether the decedent, Michael Gibbs, was covered under the uninsured motorist provision of either of two forms of the same insurance policy. Appellant State Farm Mutual Automobile Insurance Company (State Farm), has conceded that insurance coverage is available if applicable under either its policy form 9803.2 or form 9803.3.

The cross-appeal involves the question of whether either of the...

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