NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED
EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
See Ariz. R. Supreme Court 111(c); ARCAP 28(c);
Ariz. R. Crim. P. 31.24
IN THE COURT OF APPEALS
STATE OF ARIZONA
KATHLEEN WALLS, as personal
representative of the estate of
Dale McMannis, deceased,
NATIONWIDE MUTUAL INSURANCE
No. 1 CA-CV 08-0327
(Not for Publication –
Rule 28, Arizona Rules of
Civil Appellate Procedure)
Appeal from the Superior Court in Maricopa County
Cause No. CV2005-016764
The Honorable Mark F. Aceto, Judge
Warnock, MacKinlay & Carman, P.L.L.C.
By Brian R. Warnock
Krista M. Carman
Attorneys for Plaintiff/Appellant
Jones, Skelton & Hochuli, P.L.C.
By John M. DiCaro
Barry H. Uhrman
Russell R. Yurk
Attorneys for Defendant/Appellee
J O H N S E N, Judge
Kathleen Walls, as personal representative of Dale
McMannis’s estate, appeals from the superior court’s grant of
summary judgment in favor of Nationwide Mutual Insurance Company
(“Nationwide”). For the reasons stated below, we affirm.
FACTUAL AND PROCEDURAL HISTORY
In 2004, McMannis and his wife were killed when their
car was struck by an underinsured driver who was drag racing.
The McMannises carried automobile insurance with Nationwide, and
their daughters, including Walls, sought uninsured motorist
(“UM”) and underinsured motorist (“UIM”) benefits for the deaths
of their parents. Nationwide denied their claim, asserting
McMannis had rejected UM and UIM coverages.
Nationwide relied on evidence that in 1996 it had sent
McMannis a one-page form (“Selection-Rejection Form”) by which
McMannis had waived UM and UIM coverages. Titled “Important
Information For The Arizona Consumer,” the top half of the form
explained that Arizona law required