BLACKBURN v. SAFECO INSURANCE CO.

No. 54534-1.

115 Wn.2d 82 (1990)

794 P.2d 1259

BRET BLACKBURN, ET AL, Petitioners, v. SAFECO INSURANCE COMPANY, Respondent.

The Supreme Court of Washington, En Banc.

August 2, 1990.


Attorney(s) appearing for the Case

Sam Pemberton, for petitioners.

Burgess, Kennedy, Fitzer & Strombom, P.S., by F. Ross Burgess and Timothy R. Gosselin, for respondent.

Bryan P. Harnetiaux, Gary N. Bloom, and Robert H. Whaley on behalf of Washington Trial Lawyers Association, amici curiae for petitioners.

Bertha B. Fitzer on behalf of Washington Defense Trial Lawyers, amicus curiae for respondent.


CALLOW, C.J.

Petitioners Bret and Penny Blackburn seek review of a decision of the Court of Appeals that reversed a trial court judgment in their favor. The issue is whether an exclusion in the underinsured motorist (UIM) policy is valid, under Washington's UIM statute, in a 1-car accident when the claimant, a passenger, does not achieve full recovery under the vehicle driver's liability policy and did not recover under the vehicle owner's liability policy.

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