United States District Court, D. Arizona
REPORT AND RECOMMENDATION
A. Bowman United States Magistrate Judge.
before the court are cross-motions for summary judgment filed
on May 19, 2016. (Doc. 23); (Doc. 25)
plaintiff in this action, Nancy Bono, claims her insurer,
State Farm, wrongly denied her claim for underinsured
motorist (UIM) coverage. Bono argues UIM coverage applies to
the wrongful death of her son, who was killed by an
automobile while he was walking in a crosswalk. Her son was
not insured under her policy, but she is statutorily entitled
to bring an action against the tortfeasor for her son's
and State Farm both move for summary judgment based on the
construction of the insurance policy and the Arizona UIM
statute, A.R.S. 20-259.01.
case has been referred to Magistrate Judge Bowman for a
report and recommendation pursuant to the Local Rules of
Practice. LRCiv 72.2. A hearing on the motion was held on
December 19, 2016.
parties stipulate to the following facts: Bono's son was
struck and killed by a drunk driver while he was walking in a
crosswalk. (Doc. 24, pp. 2, 5) The driver was insured by
Farmers, which tendered the $50, 000 liability limit to Bono
for her son's wrongful death, pursuant to A.R.S. §
12-612. (Doc. 24, p. 2) Bono's damages exceeded $50, 000;
the driver was therefore “underinsured.”
was insured by State Farm. Her auto insurance
policy contains underinsured motorist (UIM)
coverage for $100, 000. (Doc. 24, p. 2) Bono's son did
not live with her and was not a named insured on her
automobile policy. That policy contains the following UIM
We will pay compensatory damages for bodily
injury an insured is legally entitled to
recover from the owner or driver of an underinsured motor
The bodily injury must be:
1. sustained by an insured; and
2. caused by an accident that involves the operation,
maintenance" or use of an underinsured motor
vehicle as a motor vehicle.
Bodily Injury means bodily injury to a
person and sickness; disease, or death that results
(Doc. 24, p. 4) (emphasis in original)
submitted a claim for UIM benefits, but State Farm denied her
claim because her son was not insured under the policy, and
therefore an insured did not suffer a bodily injury. (Doc.
24, pp. 3-4)
filed suit in Arizona Superior Court on July 17, 2015. (Doc.
24, p. 4) State Farm removed the case to ...