KEENAN v. INDUSTRIAL INDEMNITY INS. CO. OF NORTHWEST

Nos. 52265-1, 52354-1.

108 Wn.2d 314 (1987)

738 P.2d 270

GENEVIEVE KEENAN, Respondent, v. INDUSTRIAL INDEMNITY INSURANCE COMPANY OF THE NORTHWEST, Appellant. INDUSTRIAL INDEMNITY INSURANCE COMPANY OF THE NORTHWEST, Appellant, v. GENEVIEVE KEENAN, Respondent.

The Supreme Court of Washington, En Banc.

June 11, 1987.


Attorney(s) appearing for the Case

Reed, McClure, Moceri, Thonn & Moriarty, by Donald C. Harrison, for appellant.

Inslee, Best, Chapin, Doezie & Ryder, P.S., by Thomas H. De Buys, for respondent.


CALLOW, J.

An automobile insurer who had issued an insurance policy providing both personal injury protection (PIP) and underinsured motorist coverages seeks reimbursement of PIP benefits previously paid to the insured, pursuant to a reimbursement provision in the policy. At issue is whether this reimbursement provision is enforceable to the extent that it prevents the insured from receiving a double recovery for her damages. The trial court disallowed any reimbursement...

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