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PEMCO MUT. INS. CO. v. UTTERBACK

No. 40630-2-I.

960 P.2d 453 (1998)

PEMCO MUTUAL INSURANCE COMPANY, a domestic insurer, Respondent, v. James W. UTTERBACK, Appellant, Jeanette L. Heinz-Naehr and Harry F. Naehr, husband and wife and the marital community composed thereof, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered July 29, 1998.

Attorney(s) appearing for the Case

Bradley K. Crosta, Crosta & Bateman, Seattle for Appellant.

Bradley A. Maxa, Tacoma, for Respondent.

AGID, Judge.

James W. Utterback was injured when Jeanette Heinz-Naehr's car lurched forward and jumped the curb not just once but twice while she tried to park it. When Mr. Utterback sued to recover for his injuries, Ms. Heinz-Naehr's insurer, Pemco Mutual Insurance Company, sought a declaratory judgment to determine whether one or two accidents had occurred. The trial court concluded that Mr. Utterback's injuries were the result of a single accident and not two separate...

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