Allstate Insurance v. Druke

CAMERON, Chief Justice.

This is a petition for review of a decision of the Court of Appeals, Division Two, which held in a special action proceeding that it was error for the trial court to deny the motion of the defendant Allstate Insurance Company for summary judgment.

We take jurisdiction pursuant to Rule 47(b), Rules of the Supreme Court, 17A A.R.S.

We must answer two questions on appeal:

1. Was Allstate’s policy provision requiring reimbursement of medical payments made by it to its insured out of any proceeds recovered by the insured from a third-party tortfeasor an attempted assignment of…