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MILLER v. AMERICAN STANDARD INS. CO. OF WISCONSIN

No. CV-09-1954-PHX-FJM.

759 F.Supp.2d 1144 (2010)

Michelle MILLER; Nathan Miller, Plaintiffs, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Defendant.

United States District Court, D. Arizona.

December 3, 2010.

Attorney(s) appearing for the Case

Charles J. Surrano, III, John Neal Wilborn, Trinette G. Kent, Surrano Law Offices, Phoenix, AZ, for Plaintiffs.

David D. Garner, Steven J. Hulsman, William George Voit, Lewis & Roca LLP, Phoenix, AZ, for Defendant.

I

ORDER

FREDERICK J. MARTONE, District Judge.

The issue presented is whether Arizona's Uninsured/Underinsured Motorist Act, A.R.S. § 20-259.01, permits an insurer to reduce underinsured motorist (UIM) coverage by the amount paid under a medical expense coverage provision in the same automobile insurance policy. We have before us plaintiffs' motion to certify a class (doc. 34), defendants' response (doc. 68), plaintiffs' reply (doc. 73); plaintiffs...

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