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BUTZBERGER v. FOSTER

No. 47675-1-I.

47 P.3d 177 (2002)

112 Wash.App. 81

James K. BUTZBERGER, as Personal Representative of the Estate of Jeffrey A. Butzberger, Respondent/Cross-Appellant, v. Frank FOSTER and Michaela Foster, husband and wife, and the marital community consisting thereof; King County, a political subdivision of the State of Washington, Defendants, and Allstate Insurance Company, Cross-Respondent, and T.H.E. Insurance Company, Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 1.

June 3, 2002.

Attorney(s) appearing for the Case

William S. Clement, Satwant K. Atwal, Seattle, for Appellant.

Bradley Maxa, Tacoma, Steven Thomas, Enumclaw, for Respondents.

COX, A.C.J.

T.H.E. Insurance Company appeals a summary judgment ruling that Jeffrey Butzberger, the deceased, was "using" an automobile that T.H.E. insured. He had left the automobile by the side of the roadway, and was attempting to rescue the driver of an overturned pickup truck when he was struck and killed by an underinsured motorist. The personal representative of the estate of Butzberger cross appeals another summary judgment

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