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LIBERTY MUT. FIRE INS. CO. v. MANDILE

No. 1 CA-CV 96-0612.

963 P.2d 295 (1997)

192 Ariz. 216

LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Massachusetts corporation, Plaintiff-Appellee, Cross Appellant, v. Anthony Joseph MANDILE and Martha Jane Mandile, husband and wife, individually and as the natural parents and guardians of Joshua Randall Mandile, Joshua Randall Mandile, a minor by and through his natural parents and guardians, Anthony Joseph Mandile and Martha Jane Mandile, Defendants-Appellants, Cross Appellees.

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

Review Denied September 24, 1998.

Attorney(s) appearing for the Case

Cronin & Stanewich by Robert B. Stanewich, Phoenix, for Plaintiff-Appellee, Cross Appellant.

Leonard and Clancy, P.C. by James J. Leonard, Jr., Kenneth P. Clancy, Phoenix, for Defendants-Appellants, Cross Appellees.

OPINION

GRANT, Judge.

This appeal concerns the validity of a provision in an underinsured motorist ("UIM") policy that permits either the insurer or the insured to appeal an arbitration award if the arbitrators set damages at, or in excess of, Arizona's statutory minimum financial responsibility requirement of $15,000. See Arizona Revised Statutes Annotated ("A.R.S.") § 28-1102(6) (1989). We hold such a provision is not violative of public policy...

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