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

No. 23679-0-III.

136 P.3d 135 (2006)

133 Wash.App. 439

Shanda McILLWAIN, individually, and as Personal Representative of the Estate of Kerry T. McIllwain, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign insurance company, Respondent.

Court of Appeals of Washington, Division 3.

June 8, 2006.

Attorney(s) appearing for the Case

Michael Rex Tabler, Attorney at Law, Ephrata, WA, for Appellant.

Steven M. Cronin, Attorney at Law, Spokane, WA, for Respondent.

SCHULTHEIS, J.

¶ 1 An insurance policy for an underinsured motorist (UIM) provided that the insurer and insured must resolve two issues by agreement or arbitration: (1) if the insured is legally entitled to collect damages from the underinsured vehicle; and (2) if so, in what amount. Shanda McIllwain sought benefits under such a policy after she settled personal injury and wrongful death claims with the other driver after a motorcycle accident in which she was...

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