Arizona Supreme Court

Luis Ballesteros and Alma Ballesteros, Husband and Wife; Guadalupe Portillo; Gerardo Portillo; Ricardo Portillo…

January 20, 2011226 Ariz. 345

Summary

The court held that the uninsured- and underinsured-motorist statute did not require an insurer to provide a Spanish-language offer form to a Spanish-speaking insured. Because the insurer provided a Department of Insurance-approved selection form, it satisfied the statutory requirements to make coverage available and offer it by written notice, regardless of the insured's subjective understanding. The court vacated the court of appeals' decision and remanded for partial summary judgment in favor of the insurer.