ESTATE OF BALL v. AMERICAN MOTORISTS INS.

No. CV-94-0005-PR.

181 Ariz. 124 (1995)

888 P.2d 1311

ESTATE OF Jennifer A. BALL, By and Through its personal representative, Elmer SAYRE, Plaintiff-Appellant, Cross-Appellee, v. AMERICAN MOTORISTS INSURANCE COMPANY, a Texas corporation; Kemper National P & C Companies, dba American Motorist Insurance Company (AMICO), a foreign corporation, Defendants-Appellees, Cross-Appellants.

Supreme Court of Arizona, En Banc.

February 7, 1995.


Attorney(s) appearing for the Case

Law Offices of Glynn W. Gilcrease, Jr. by Glynn W. Gilcrease, Jr., Tempe, for plaintiff-appellant.

Jennings, Strouss & Salmon by John A. Micheaels and James A. Ackerman, Phoenix, for defendants-appellees.


OPINION

MARTONE, Justice.

We are asked to decide whether the named insured in an automobile insurance policy can waive the requirement that the insurer extend a written offer of underinsured motorist coverage as required by the Uninsured Motorist Act, A.R.S. § 20-259.01.

I. BACKGROUND

Jennifer Ball was employed by Fleming Company (Fleming), a national food services corporation. While driving a company car, she was struck and killed by...

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