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NATIONWIDE MUT. INS. CO. v. STEVENS

No. 2 CA-CV 90-0095.

166 Ariz. 372 (1990)

802 P.2d 1071

NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, Plaintiff/Counterdefendant/Appellant/Cross-Appellee, v. Glen William STEVENS, on his own behalf, and as the surviving husband of Sharon S. Stevens; and for and on behalf of Brian William Stevens, Deanne Marie Stevens, and Glen Robert Stevens, as the surviving children of Sharon S. Stevens, Decedent, Defendant/Counterclaimant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 2, Department B.

As Corrected October 18, 1990.

Petition and Cross-Petition for Review Denied January 15, 1991.

Attorney(s) appearing for the Case

Law Offices of Warren S. McCord by Paul J. Prato and Blake E. Whiteman, Scottsdale, for plaintiff/counterdefendant appellant/cross-appellee.

Max M. Klass, Phoenix, for defendant/counterclaimant appellee/cross-appellant.

OPINION

HOWARD, Judge.

The issue in this case is whether a motorist, who has no automobile liability insurance at the time of an accident, becomes insured so as to preclude recovery under the uninsured motorist provision of the plaintiff's policy, when a joint tortfeasor settles with the plaintiff in an amount equal to or in excess of the requirements of the Financial Responsibility Act.

FACTS AND PROCEDURE

On September 28, 1985, Steven Parker...

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