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WINTERS v. STATE FARM MUT. AUTO. INS. CO.

No. 23396-7-II.

994 P.2d 881 (2000)

99 Wash.App. 602

Sarah L. WINTERS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Court of Appeals of Washington, Division 2.

February 29, 2000.

Attorney(s) appearing for the Case

Harold E. Winther, Harold E. Winther P.s., Edgewood, for Appellant.

Martin Lowell Ziontz, Peizer, Richards & Ziontz, Seattle, for Respondent.

MORGAN, J.

Three questions are presented. (1) After a PIP insured has fully recovered his or her damages, does a PIP insurer have a right to reimburse itself for its earlier PIP payments by deducting the amount of such payments from a UIM award, assuming its policy so provides? (2) Does a PIP insurer maintain this right even if it elects to subrogate against the at-fault tortfeasor? (3) Is a PIP insurer's right conditioned...

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