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DAYTON v. FARMERS INSURANCE GROUP

No. 60307-3.

124 Wn.2d 277 (1994)

876 P.2d 896

DEAN DAYTON, Respondent, v. FARMERS INSURANCE GROUP, Appellant.

The Supreme Court of Washington, En Banc.

July 21, 1994.

Attorney(s) appearing for the Case

Burgess, Fitzer, Leighton & Phillips, P.S., by Timothy R. Gosselin, for appellant.

Ben F. Barcus, Mark A. Schneider, and Law Offices of Ben F. Barcus, for respondent.

William R. Hickman and Pamela A. Okano on behalf of State Farm Automobile Insurance and State Farm Fire & Casualty Cos., amici curiae for appellant.

Sidney R. Snyder, Jr., and Ronald S. Dinning on behalf of PEMCO, Safeco, Unigard, and Mutual of Enumclaw Insurance Cos., amici curiae for appellant.

Bryan P. Harnetiaux and Gary N. Bloom on behalf of Washington State Trial Lawyers Association, amicus curiae for respondent.

JOHNSON, J.

At issue in this case is whether an insured is entitled to attorney fees incurred in a UIM arbitration proceeding to determine damages. In the action to confirm the arbitration award, the trial court awarded attorney fees pursuant to Olympic S.S. Co. v. Centennial Ins. Co., 117 Wn.2d 37, 811 P.2d 673 (1991). We reverse the award of attorney fees. The Superior Court exceeded its...

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