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BITHER v. COUNTRY MUT. INS. CO.

No. 1 CA-CV 10-0115.

245 P.3d 883 (2010)

Jennifer BITHER, parent, on her own behalf, and on behalf of all who may have a statutory right of recovery, Plaintiff/Appellee, v. COUNTRY MUTUAL INSURANCE COMPANY, Defendant/Appellant.

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

November 30, 2010.

Attorney(s) appearing for the Case

Dillingham & Reynolds, L.L.P. By John L. Dillingham , Phoenix, Attorneys for Plaintiff/Appellee.

Doherty & Venezia, P.C. By Stephen M. Venezia , Phoenix, Attorneys for Defendant/Appellant.

OPINION

DOWNIE, Judge.

¶ 1 In this opinion, we hold that a wrongful death statutory beneficiary may not recover uninsured motorist ("UM") benefits under an insurance policy where the beneficiary is not herself an insured. Because the superior court concluded otherwise, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

¶ 2 Jennifer Bither's fifteen-year-old daughter, Felicia Edwards, was a passenger in a vehicle driven by seventeen...

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