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LOC THIEN TRUONG v. ALLSTATE PROPERTY AND CASUALTY INSURANCE CO.

No. 61202-6-I.

211 P.3d 430 (2009)

LOC THIEN TRUONG, Appellant, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Respondent.

Court of Appeals of Washington, Division 1.

July 13, 2009.

Attorney(s) appearing for the Case

Ronald Lewis Unger, Buckley & Associates PS Inc., Seattle, WA, Derek P. Radtke, Phillips & Webster, Woodinville, WA, for Appellant.

Michael Simpson Rogers, Pamela A. Okano, Reed McClure, Seattle, WA, for Respondent.

BECKER, J.

¶ 1 A claimant who receives personal injury protection benefits after being involved in a car accident must reimburse his insurer after he has been fully compensated for actual losses suffered. Settling with the tortfeasor is evidence of full compensation, and the claimant cannot defeat the insurer's right to reimbursement with conclusory allegations that he settled for less than his actual damages because...

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