ELOVICH v. NATIONWIDE INS. CO.

No. 51131-4.

104 Wn.2d 543 (1985)

707 P.2d 1319

ROBERT ELOVICH, Individually and as Guardian, ET AL, Respondents, v. NATIONWIDE INSURANCE COMPANY, Appellant.

The Supreme Court of Washington, En Banc.

October 10, 1985.


Attorney(s) appearing for the Case

Leavy, Schultz & Sweeney, P.S., by John G. Schultz, George Fearing, and Andrew C. Bohrnsen, for appellant.

Critchlow & Williams, by Robert D. Merriman and Rembert Ryals, for respondents.


CALLOW, J.

The plaintiffs, Robert Elovich, et al, seek payment from Nationwide Insurance Company under Elovich's underinsured motorist (UIM) coverage for injuries they sustained in an automobile accident. Nationwide appeals the entry of summary judgment against it and argues that the coverage does not apply because the plaintiffs improperly settled their case against some of the defendants in the tort action.

On July 12, 1981, six persons were riding in a...

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