In Arizona, like most states, a statute requires that an insurer offer each insured both Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage.
The statute says that the coverage can be excluded only if the insured signs a document specifically rejecting the coverage. Insurers can prove compliance with the statute by having their insureds sign a form approved by the Arizona Department of Insurance (DOI) selecting or rejecting such coverage.
In Wilks v. Manobianco, the Arizona Supreme Court was called upon to decide whether compliance with Arizona Revised Statutes (ARS) § 20-259.01 bars a negligence claim alleging that the insurance agent failed to procure the UIM coverage requested by the insured.
|Factual background
For two years, Lesley Wilks had car insurance from State Farm Mutual Automobile Insurance Co., which she obtained through John Manobianco at the Manobianco Insurance Agency (collectively, Manobianco). Her policy included liability and both UM and UIM coverage. Wilks later replaced the State Farm policy with a policy from another insurance company.
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