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ALLSTATE INS. CO. v. BATACAN

No. 66493-5.

986 P.2d 823 (1999)

139 Wash.2d 443

ALLSTATE INSURANCE COMPANY, Respondent, v. Remedios and Saturnino BATACAN, Petitioners.

Supreme Court of Washington, En Banc.

Decided October 21, 1999.

Attorney(s) appearing for the Case

Harbaugh & Bloom, Gary Neil Bloom, Richter-Wimberley, PS, Daniel Edward Huntington, Debra Leigh Stephens, Spokane, Amicus Curiae on behalf of Washington State Trial Lawyers Association.

John Andrew Hoglund, Olympia, for Petitioners.

Gordon, Thomas, Honeywell, Bradley Alan Maxa, Tacoma, for Respondent.

SANDERS, J.

Remedios and Saturnino Batacan (Batacans) claim their underinsured motorist carrier, Allstate Insurance Company, wrongfully denied coverage for injuries sustained in a three-car accident. Allstate prevailed at the trial court on summary judgment, a result which was affirmed on appeal to the Court of Appeals, Division Two. We granted review and reverse.

Facts

As the Batacans passed a stalled truck driven by Sang Kim on Interstate 5, Margery...

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