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TAYLOR v. TRAVELERS INDEM. CO. OF AMERICA

No. CV-99-0370-PR.

9 P.3d 1049 (2000)

198 Ariz. 310

Nellie T. TAYLOR, Plaintiff-Appellant, v. The TRAVELERS INDEMNITY COMPANY OF AMERICA, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

September 15, 2000.

Attorney(s) appearing for the Case

Jackson White By: Richard A. White Eric, K. Macdonald, Mesa, for Nellie T. Taylor.

Teilborg Sanders & Parks, P.C. By: John C. Gemmill, David E. Koval, (now with Morrison Hecker, L.L.P.) Jay C. Jacobson, Phoenix, for The Travelers Indemnity Co.

Bell and O'Connor, By David M. Bell, Phoenix, for Amici Curiae State Farm Mutual Automobile Insurance Co. and Nationwide Insurance Co.

Holloway Odegard Sweeney Evans By Sally A. Odegard, Kenneth J. Januszewski, Phoenix, for Amicus Curiae Safeco Insurance Co.

Ely Bettini Ulman Insana & Turley By J. Wayne Turley, Herbert L. Ely, Burton Rosenblatt, Phoenix, for Amicus Curiae Dale Stout.

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine the validity of a policy provision that eliminates underinsured motorist coverage ("UIM") for an insured injured in his or her own vehicle as a result of the negligence of another person insured under the same policy. We conclude that an insured is covered up to the face amount of the applicable UIM insurance, less any sums recovered under the liability coverage of the same policy.

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