Samsel v. Allstate Insurance

OPINION

MYERS, Judge.*

¶ 1 Defendant/Appellant Allstate Insurance Co. appealed from an adverse summary judgment on a claim for breach of the medical payments coverage provisions of an automobile policy Allstate issued to Plaintiffs/Appellees Michael and Cynthia Samsel. The court of appeals affirmed, holding that reasonable medical expenses paid on behalf of Lisa Samsel, the injured party, by her health maintenance organization (HMO) were expenses actually incurred by Lisa for purposes of Allstate’s medical payments coverage, notwithstanding the provisions of A.R.S. § 20-1072. Samsel v. Allstate…