Brown v. State Farm Mutual Automobile Insurance Co
In Brown v. State Farm Mutual Automobile Insurance Co., 163 Ariz. 323, 788 P.2d 56 (1989), the insured sought to recover her damages under two UIM policies, each issued by a different insurer. 163 Ariz. at 324, 788 P.2d at 57.
One of the insurers sought to avoid payment, relying on an escape clause for excess coverage in the insurance contract. Id.
The court held the clause was unenforceable "if applied so as to obviate or reduce the UIM coverage available to the plaintiff for her actual damages.
Thus, to the extent her actual damages are not fully compensated, she is entitled to recover the limits of her . . . UIM coverage." Id. at 329, 788 P.2d at 62.