Legal Opinion

Frank and Bettina Gambrell v. Ids Property Casualty Insurance Co.

Court of Appeals of Arizona

Decided September 9, 2015No. 2 CA-CV 2014-0147Published

1Opinion of the Court

OPINION

MILLER, Presiding Judge:

¶ 1 Frank and Bettina Gambrell appeal from the trial court’s orders granting summary judgment in favor of defendants IDS Property Casualty Insurance Company and Stacey Harrish and denying the Gambrells’ motion for new trial. They contend the court erred by concluding A.R.S. § 20-259.01(0) permits insurers to exclude underinsured motorist coverage (UIM) when the insured is driving a large truck used in a business for transporting property. We affirm.

Factual and Procedural Background

¶ 2 The following facts are undisputed. In 2011, Frank Gambrell was driving a…

2Cases cited14 opinions

  1. Calvert v. Farmers Ins. Co. of ArizonaArizona Supreme Court · 1985
  2. Lowing v. Allstate InsuranceArizona Supreme Court · 1993
  3. Spain v. Valley Forge InsuranceArizona Supreme Court · 1987
  4. Employers Mutual Casualty Co. v. McKeonArizona Supreme Court · 1988
  5. Brown v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 1989

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