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PRICE v. FARMERS INS. CO.

No. 64257-5.

946 P.2d 388 (1997)

133 Wash.2d 490

Cline PRICE, Petitioner, v. FARMERS INSURANCE COMPANY OF WASHINGTON, Respondent.

Supreme Court of Washington, En Banc.

Decided November 13, 1997.

Attorney(s) appearing for the Case

Luvera, Barnett, Brindley, Beninger & Cunningham, David M. Beninger, Seattle, Maltman, Reed, North, Ahrens & Malnati, Douglass North, Seattle, for Petitioner.

Merrick, Hofstedt & Lindsey, P.S., Sidney R. Snyder, Jr., Ronald S. Dinning, Seattle, for Respondent.

Harbaugh & Bloom, Gary N. Bloom, Spokane, Debra L. Stephens, Bryan P. Harnetiaux, Spokane, for Amicus Curiae, for the Washington State Trial Lawyers Association.

SANDERS, Justice.

This dispute centers upon whether previously paid personal injury protection benefits are properly offset against an underinsured motorist award. In a special proceeding to confirm an arbitration award the trial court determined setoff was clearly inappropriate under policy language. Subsequently the Court of Appeals held applicable policy language clearly required the opposite. We agree the answer is clear: neither the trial court...

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