ABBOTT v. PEMCO

No. 8631-3-III.

50 Wn. App. 313 (1988)

748 P.2d 270

DON E. ABBOTT, ET AL, Respondents, v. PUBLIC EMPLOYEES MUTUAL INSURANCE COMPANY, Appellant.

The Court of Appeals of Washington, Division Three.

January 12, 1988.


Attorney(s) appearing for the Case

William R. Hickman and Reed, McClure, Moceri, Thonn & Moriarty, for appellant.

Larry Butler and Butler & Lynch, for respondents.


MUNSON, J.

Public Employees Mutual Insurance Company (PEMCO) appeals the trial court's summary judgment ordering it to proceed with underinsured motorist arbitration of Don and Tonie Abbott's claim. PEMCO contends (1) the Abbotts are not entitled to arbitration because they settled with the tortfeasor for less than the available limits of the tortfeasor's liability policy; and (2) if arbitration is proper, it is entitled to a setoff in the amount of the liability...

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