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NELSON v. MUTUAL OF ENUMCLAW

No. 22874-6-III.

115 P.3d 332 (2005)

Dennis NELSON and Deanna Nelson, husband and wife, Respondents, v. MUTUAL OF ENUMCLAW, Petitioner.

Court of Appeals of Washington, Division Three, Panel Eight.

Publication Ordered July 7, 2005.

Attorney(s) appearing for the Case

Brad E. Smith, Attorney at Law, Spokane, WA, for Appellant.

Patrick R. Acres, Attorney at Law, Moses Lake, WA, for Respondent.

KURTZ, J.

¶ 1 Dennis and Deanna Nelson seek to recover underinsured motorist benefits under their insurance policy with Mutual of Enumclaw for injuries sustained by Ms. Nelson. At the time of the accident, Ms. Nelson was driving a vehicle loaned to her so that she could serve as a substitute mail carrier. Enumclaw filed a motion for summary judgment, contending that underinsured motorist benefits were not available because of the operation of the "regular use...

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