BIERCE v. GRUBBS

No. 15048-8-III.

929 P.2d 1142 (1997)

84 Wash.App. 640

Suellen J. BIERCE and Christopher R. Bierce, wife and husband, Appellants, v. Charles GRUBBS and Jane Doe Grubbs, husband and wife, Defendants, Safeco Insurance Company, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

January 21, 1997.


Attorney(s) appearing for the Case

David M. Grant, Deglow & Grant, Spokane, for Appellants.

Timothy M. Durkin, Lisette F. Carter, Evans, Craven & Lackie; Irving "Buddy" Paul and Christopher J. Wright, Huppin, Ewing, Anderson & Paul, Spokane, for Respondent.


RAY E. MUNSON, Judge Pro Tem.*

Suellen Bierce and her husband accepted an offer of judgment for all their claims, including damages for which Bierces' insurer, Safeco, had made personal injury protection (PIP) payments. We are asked to decide whether Safeco is entitled to reimbursement out of the settlement fund without evidence or a finding that the Bierces had been fully compensated. An insurer's subrogation rights are not extinguished...

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