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COUNTRY MUT. INS. CO. v. FONK

No. 1CA-CV99-250.

7 P.3d 973 (2000)

198 Ariz. 167

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, Cross Appellant, v. Robyn FONK, Defendant-Appellant, Cross Appellee.

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

August 24, 2000.

Attorney(s) appearing for the Case

Burke, Panzarella, Rich by Thomas P. Burke, II, Phoenix, for Plaintiff-Appellee, Cross-Appellant.

Cluff & Associates by Michael L. York, Mesa, for Defendant-Appellant, Cross-Appellee.

OPINION

THOMPSON, Presiding Judge

¶ 1 In this appeal, we consider whether a party injured in an accident with an underinsured motorist is barred from collecting from her underinsured motorist insurance policy when the policy contains an exhaustion clause and she settles her claim with the tortfeasor for an amount that is less than his liability policy limits. We hold that the exhaustion clause is satisfied, and appellant's claim is not barred, in such...

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