Wendell Phillips and Wanda Phillips v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation

BRORBY, Circuit Judge.

Plaintiffs Wendell and Wanda Phillips appeal the district court’s grant of summary judgment in favor of their uninsured/underin-sured motorist insurance carrier, defendant State Farm Mutual Automobile Insurance Company, on their claim State Farm was obligated to pay a portion of the attorney fees and costs they incurred to obtain a settlement from a third-party tort-feasor. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I

On March 10, 1992, Wendell Phillips and Robert Gregson were driving southward on Interstate 19 in Pima County, Arizona. Mr. Gregson…