SAFECO INS. CO. v. WOODLEY

No. 73477-1.

82 P.3d 660 (2004)

150 Wash.2d 765

SAFECO INSURANCE COMPANY, Respondent, v. Denise Brackett WOODLEY, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 15, 2004.


Attorney(s) appearing for the Case

Philip Albert Talmadge, Talmadge & Stockmeyer, Tukwila, Gordon Arthur Woodley, Bellevue, for petitioner.

J. Robert Leach, Everett, for respondent.


FAIRHURST, J.

A no-fault motorist was injured in a car accident with an underinsured motorist (tortfeasor). She received both personal injury protection (PIP) benefits and underinsured motorist (UIM) benefits from the same insurance carrier, as well as a recovery from the tortfeasor. After arbitration of the UIM claim was complete, the insurance carrier took an offset, in an amount equal to the PIP benefits it previously paid, against the amount it owed in its capacity...

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