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SPAIN v. VALLEY FORGE INS. CO.

No. CV 86 0065-PR.

152 Ariz. 189 (1986)

731 P.2d 84

William J. SPAIN, Personal Representative of the Estate of Patricia L. Story, Plaintiff/Appellant, v. VALLEY FORGE INSURANCE COMPANY, a Pennsylvania corporation, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

Supplemental Opinion January 8, 1987.

Reconsideration Denied January 8, 1987.

Attorney(s) appearing for the Case

Leonard and Clancy, P.C. by Kenneth P. Clancy, Phoenix, for plaintiff/appellant.

Jennings, Strouss & Salmon by M. Byron Lewis, Stephen A. Myers, Phoenix, for defendant/appellee.

FELDMAN, Justice.

William J. Spain (Spain) and Valley Forge Insurance Company (Valley Forge) petitioned this court to review a court of appeals decision concerning the amount of uninsured motorist (UM) coverage recoverable by Spain. The court of appeals held that Valley Forge is potentially liable under its automobile insurance contract for only $15,000 of a $100,000 limit UM endorsement. This is so, the court reasoned, because of a contractual provision offsetting...

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