Elaine MAHLER and Jack Mahler, wife and husband, Respondents,
v.
George G. SZUCS, Defendant, and
State Farm Mutual Automobile Insurance Company, Petitioner.
Monica FISHER, Petitioner,
v.
ALDI TIRE, INC., a Washington corporation; Douglas Krie; Don and Laura Tinsley, husband and wife, Defendants, and
State Farm Mutual Automobile Insurance Company, an Illinois corporation, Respondent.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
June 4, 1998.
June 4, 1998.
Attorney(s) appearing for the Case
Reed McClure, by William R. Hickman and Michael S. Rogers, Seattle, Todd & Wakefield, by Scott C. Wakefield, Seattle, and Julin, Fosso, Sage, McBride & Mason, by Harold C. Fosso, Seattle, for petitioner/respondent State Farm Mutual Automobile Insurance Co.
Law Offices of Patrick H. LePley, Inc., P.S., by Patrick H. LePley, Bellevue, and Charles K. Wiggins, Bainbridge Island, for petitioner Fisher.
Law Offices of Patrick H. LePley, Inc., P.S., by Patrick H. LePley; Richard B. Kilpatrick, P.S., by Richard B. Kilpatrick, Bellevue, Charles K. Wiggins, Bainbridge Island, and Fury Bailey, by William S. Bailey, Seattle, for respondents Mahler.
Bryan P. Harnetiaux, Gary N. Bloom, and Debra L. Stephens on behalf of Washington State Trial Lawyers Association, Spokane, amicus curiae.
Daniel P. Mallove and Michael L. Schrenk on behalf of Grange Insurance Association, Seattle, amicus curiae.
Alan L. Bunge and Kathryn A. Majnarich on behalf of United Services Automobile Association, Seattle, amicus curiae.
Sidney R. Snyder, Jr., and Ronald S. Dinning on behalf of Washington Insurers, Seattle, amicus curiae.
Robert H. Madden, Carol J. Molchior, and J. Richard Crockett on behalf of Arbitration Forums, Inc., Seattle, amicus curiae.
Supreme Court of Washington, En Banc.
TALMADGE, Justice.
In this case we analyze an insurer's right to recover payments made to an insured pursuant to a Personal Injury Protection (PIP) provision in a liability insurance policy when an insured recovers against a tortfeasor. Specifically, we are asked to determine the extent to which the insurer, State Farm Mutual Automobile Insurance Company (State Farm), must pay the insured a share of the expenses the insured...
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