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eBook details

• Title: Giley v. Liberty Mutual Fire Insurance Co.
• Author : Arizona Court of Appeals
• Release Date : January 16, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Viewing the facts most favorably to the plaintiff Joyce Giley, as we must on this appeal from an adverse summary judgment, she purchased automobile insurance coverage from an agent of defendant Liberty Mutual Fire Insurance Company. During the conversation leading to this purchase, according to her, the agent described uninsured motorist coverage but did not describe underinsured coverage. Instead, he handed her a form, asked her to sign it if she wanted coverage, and then kept that form in the company files. Unknown to Ms. Giley, that form contained a written offer of underinsured motorist coverage. The issue is whether these facts establish as a matter of law that Liberty Mutual satisfied the requirement of A.R.S. § 20-259.01(C) that it "make available . . . [and] by written notice offer" underinsured motorist coverage to new policyholders. The trial court found that they did. We disagree and reverse.

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