Estate of Ball v. American Motorists Insurance

OPINION

MARTONE, Justice.

We are asked to decide whether the named insured in an automobile insurance policy can waive the requirement that the insurer extend a written offer of underinsured motorist coverage as required by the Uninsured Motorist Act, A.R.S. § 20-259.01.

I. BACKGROUND

Jennifer Ball was employed by Fleming Company (Fleming), a national food services corporation. While driving a company ear, she was struck and killed by a drunk driver. Three minor children survived her. Elmer Sayre, Ball’s father and personal representative (the Estate), recovered the policy limits from the drunk…