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VIKING INS. CO. v. NELSON

No. 35502-3-I.

914 P.2d 1215 (1996)

81 Wash.App. 539

VIKING INSURANCE COMPANY, a Wisconsin corporation, Appellant, v. Gregory NELSON and the marital community of Gregory Nelson and Jane Doe Nelson, Respondents. Gregory NELSON, Third-Party Appellant, v. Don BUCKLAND, Jane Doe Buckland, and their marital community, Jerry Schumm, Jane Doe Schumm, and their marital community, and Buckland and Schumm, a partnership, Third Party Plaintiffs/Third Party Respondents, v. Tildrea CLARK and Barry Clark, and their marital community, Third Party Defendants.

Court of Appeals of Washington, Division 1.

May 6, 1996.

Attorney(s) appearing for the Case

William Spencer, Robert Unger, Murray, Dunham & Murray, Seattle, for Appellant.

David Hansen, Smith & Hansen, Bellevue, Martin Collier, Glenn S. Draper, Seattle, for Respondents.

WEBSTER, Judge.

Viking Insurance Co. is suing the tortfeasor to recover the personal injury protection (PIP) benefits that it paid to its insured. The tortfeasor contends that the injured party extinguished the insurer's subrogation interest by executing a general release and accepting a settlement that included an allocation for the PIP benefits. The trial court granted summary judgment to the tortfeasor. We reverse.

I

FACTS

Gregory...

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