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FISHER v. ALDI TIRE, INC.

No. 35271-7-I.

78 Wn. App. 902 (1995)

902 P.2d 166

MONICA FISHER, Appellant, v. ALDI TIRE, INC., ET AL., Defendants, STATE FARM MUTUAL FIRE AND AUTO INSURANCE COMPANY, Respondent.

The Court of Appeals of Washington, Division One.

August 7, 1995.

Attorney(s) appearing for the Case

Patrick H. LePley, for appellant.

Michael J. Gainer and Harold C. Fosso, for respondent.

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

COLEMAN, J.

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...

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