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

Nos. 69656-0, 70267-5.

31 P.3d 1164 (2001)

Sarah L. WINTERS, a single person, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign insurance corporation, Respondent. Kyle A. Perkins, Respondent, v. State Farm Mutual Automobile Insurance Company, a foreign corporation authorized to do business within the State of Washington, Appellant.

Supreme Court of Washington, En Banc.

Decided October 4, 2001.

Attorney(s) appearing for the Case

Murray, Dunham & Murray, Ronald Lewis Unger, Tamara Kristine Nelson, Seattle, amicus curiae on behalf of Mutual of Enumclaw Ins. Co., et al.

Bryan Patrick Harnetiaux, Harbaugh & Bloom, Gary Neil Bloom, Debra Leigh Stephens, Spokane, amicus curiae on behalf of Washington State Trial Lawyers Assoc.

Reed, McClure, Pamela A. Okano, Gailann Y. Stardardter, William Robert Hickman, Seattle, for Petitioner.

Staurset, Wickens, Berneburg, Sean P. Wickesn, Tacoma, LePley & Greig, Patrick H. LePley, Karen Kathryn Koehler, Bellevue, for Respondent.

CHAMBERS, J.

We are asked to determine whether a personal injury protection insurer should pay a pro rata share of the legal cost incurred by the insured when, by pursuing an underinsured motorist tortfeasor, the insured created a fund from which the personal injury protection insurer recoups benefits previously paid on behalf of its insured. We conclude that the efforts of the Petitioners created a common fund from which the PIP insurance company benefited. We therefore...

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