14.6.2 Offering Uninsured and Underinsured Motorist Coverage.
Jurisdiction | Arizona |
14.6.2 Offering Uninsured and Underinsured Motorist Coverage. A.R.S § 20-259.01 mandates that insurers offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) in writing. However, the statute does not require the offer to contain an explanation of the nature of UM/UIM insurance.112 The offer need only be “reasonably calculated to bring to the insured’s attention that which is being offered.”113
Ballesteros v. Am. Standard Ins. Co. of Wisconsin114 holds that the insurer and insurance producer were not required to provide a Spanish-speaking applicant with written notice of the availability of UM/UIM coverage in Spanish to satisfy the statutory requirement. Instead, the English language form approved by the Department of Insurance for this purpose was held to be sufficient.115 Therefore, satisfying the “written notice” provision of A.R.S. § 20–259.01 or its requirement to “make available” the coverage does not require that the insurance producer or insurer translate the offer from English into Spanish so that a Spanish speaker may understand the terms. “It only requires...
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- 14.1 Chapter Scope
- 14.2 Defining Insurance Producers.
- 14.2.1 Role of Insurance Producers in Procuring Insurance.
- 14.2.2 Relationship of Insurance Producers.
- 14.2.3 Agency of Producers.
- 14.2.4 Insurance Producers as Professionals.
- 14.3 Professional Negligence
- 14.4 Misrepresentation
- 14.5 Fraud
- 14.6 Statutory Duties.
- 14.6.1 Licensing and Regulatory Obligations.
- 14.6.2 Offering Uninsured and Underinsured Motorist Coverage.
- 14.7 Breach of Contract
- 14.8 Bad Faith
- 14.9 Duties Owed to Insurers
- 14.10 Complications of Dual Agency
- 14.11 Duties to Non-Clients
- 14.12 Causation
- 14.13 Uninsurable Risk|Exposure
- 14.14 Reformation Based on Error
- 14.15 Damages.
- 14.15.1 Economic Loss Rule.
- 14.15.2 Personal Injury Damages.
- 14.15.3 Attorneys' Fees.
- 14.15.4 The “Tort of Another” Doctrine.
- 14.16 Expert Witness Certification and Qualification
- 14.17 Statute of Limitations.
- 14.17.1 Accrual of Negligence Claims.
- 14.17.2 Accrual of Breach-of-Contract Claims.
- 14.18 Pleading Claims.
- 14.18.1 Cross-Claims.
- 14.18.2 Third Party Practice.
- 14.18.3 Claim Assignments Against Producers.
- 14.18.4 Re-Litigation of Underlying Claims.
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