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MANCILLAS v. PROPERTY & CAS. INS. FUND

No. 1 CA-CV 93-0249.

182 Ariz. 389 (1994)

897 P.2d 691

Lucio Rosas MANCILLAS, Plaintiff-Appellant, v. The ARIZONA PROPERTY AND CASUALTY INSURANCE GUARANTY FUND, a subdivision of the Department of Insurance of the State of Arizona; and Gloria Delvalle, d/b/a Delvalle Agency, Defendants-Appellees.

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

As Corrected May 23, 1995.

Review Denied June 29, 1995.

Attorney(s) appearing for the Case

Douglass & Ferrarino by D. Benjamin Ferrarino and Bedford Douglass, Jr., Mesa, for plaintiff-appellant.

Surrano & Massey by Fred L. Howe, Phoenix, for defendant-appellee Fund.

OPINION

TOCI, Judge.

Plaintiff was one of seven people injured in an automobile accident by a tortfeasor with a statutory minimum liability coverage. Apportionment of the tortfeasor's liability policy limits among the injured parties resulted in plaintiff recovering less than the minimum amount specified in the Financial Responsibility Law. The issue is whether the tortfeasor is therefore "functionally uninsured" so that plaintiff may recover under the uninsured...

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