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NORTH PACIFIC INS. CO. v. CHRISTENSEN

No. 42307-0-I.

975 P.2d 552 (1999)

NORTH PACIFIC INSURANCE COMPANY, an insurance company doing business in Washington, Appellant, v. Robert E. CHRISTENSEN III, an individual, and James R. Farmer and Pamela B. Farmer, husband and wife, Respondents.

Court of Appeals of Washington, Division 1.

April 26, 1999.

Attorney(s) appearing for the Case

Robert Neil Gellatly, Jennifer Suzanne Divine, Helsell, Fetterman, LLP, Seattle, for Appellant.

Steven Turner Russell, Keolker & Swerk, Seattle, for Respondents.

AGID, A.C.J.

North Pacific Insurance Company (NPI) brought a declaratory judgment action requesting a determination that a passenger who grabs the steering wheel of a moving car and causes an accident in which the driver is injured is not an "operator" covered by the Underinsured Motorist (UIM) provisions of the driver's automobile policy. Robert Christensen, the driver, prevailed after both parties moved for summary judgment. NPI appeals, arguing that the plain and...

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