FISHER v. ALDI TIRE, INC.

No. 35271-7-I.

902 P.2d 166 (1995)

78 Wash.App. 902

Monica FISHER, Appellants, v. ALDI TIRE, INC., a Washington corporation; Douglas Krie; Don and Laura Tinsley, husband and wife, Defendants, v. STATE FARM MUTUAL FIRE AND AUTO INSURANCE COMPANY, an Illinois corporation, Respondents.

Court of Appeals of Washington, Division 1.

Reconsideration Denied September 20, 1995.


Attorney(s) appearing for the Case

Patrick H. LePley, Bellevue, for appellants.

Michael John Gainer, Harold C. Fosso, Seattle, for respondents.

Brian Patrick Harnetiaux, Gary N. Bloom, Spokane, for amicus curiae.


COLEMAN, Judge.

In this case we are asked to decide whether a provision in an automobile insurance policy, which defines the insurer's responsibility for expenses incurred in recovering subrogated amounts, overrides the test developed in equity for when attorney fees must be shared by the insurer. On the record before us, we find that the contract provision controls to the exclusion of the common law standard. Because interpretation of the provision requires further...

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