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NORTH PACIFIC INS. CO. v. CHRISTENSEN

No. 68155-4.

17 P.3d 596 (2001)

143 Wash.2d 43

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

Supreme Court of Washington, En Banc.

Decided February 8, 2001.

Attorney(s) appearing for the Case

Steven Turner Russell, Koelker & Swerk, Seattle, for petitioners.

Robert Neil Gellatly, Jr., Jennifer Suzanne Divine, Helsell, Fetterman, Seattle, for respondent.

IRELAND, J.

In this case, we must determine whether a passenger who causes an accident by unexpectedly grabbing the steering wheel of a motor vehicle is the operator of that vehicle for purposes of underinsured motorist (UIM) coverage. We hold that, under the facts of this case, the passenger assumed physical control of the vehicle. Therefore, the passenger was the operator of the vehicle for purposes of the UIM provisions of this particular policy.

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