Taylor v. Travelers Indemnity Co. of America

OPINION

NOYES, Judge.

¶ 1 Plaintiff made a claim on her Underin-sured Motorist (“UIM”) coverage. Travelers denied the claim because it had already paid Plaintiff under the liability coverage of that policy. We hold that Plaintiffs UIM claim cannot be denied for that reason, and we limit Preferred Risk Mutual Insurance Co. v. Tank, 146 Ariz. 33, 703 P.2d 580 (App.1985), to cases in which the UIM claimant is making a claim on someone else’s policy.

I

¶2 The material facts are undisputed. Plaintiff was riding in the family car with Mr. Taylor, her husband, when his negligent driving caused a…