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MENCEL v. FARMERS INS. CO. OF WASHINGTON

No. 38065-6-I.

937 P.2d 627 (1997)

86 Wash.App. 480

Thomas MENCEL, Appellant, v. FARMERS INSURANCE COMPANY OF WASHINGTON, Respondent.

Court of Appeals of Washington, Division 1.

May 27, 1997.

Attorney(s) appearing for the Case

Harry B. Platis and Denis C. Wade, Platis Law Firm, Lynnwood, for Appellant.

Larry B. Alexander, Tracy R. Antley-Olander, Alexander & Associates, Seattle, for Respondent.

ELLINGTON, Judge.

Ernest Graves crashed his car into one occupied by Thomas Mencel. Graves' liability policy with American States Insurance Company had limits of $500,000. After the jury returned a verdict of $804,450, American States settled with Mencel for $725,000. Mencel's own carrier, Farmers, then rejected his $50,000 underinsured motorist (UIM) claim on grounds he had already been fully compensated. We hold that the jury's verdict, not the compromise, determined...

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