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AMERICAN COMMERCE INS. CO. v. ENSLEY

No. 27313-0-III.

220 P.3d 215 (2009)

AMERICAN COMMERCE INSURANCE COMPANY, a Foreign Corporation, Respondent, v. William ENSLEY, Donna Ensley, as Husband and Wife, and Nicholas Ensley, Individually, Appellants. AAA Washington, a Washington corporation and Automobile Club Insurance Agency d/b/a AAA Insurance Agency, a Washington corporation.

Court of Appeals of Washington, Division 3.

Publication Ordered December 15, 2009.

Attorney(s) appearing for the Case

Aaron Lewis Adee, The Adee Law Firm, PLLC, Seattle, WA, Philip A. Talmadge, Talmadge/Fitzpatrick, Tukwila, WA, for Appellants.

Roy W. Leid, Cole Lether Wathen & Leid PC, Seattle, WA, Pamela Hofer Salgado, Gail Rosario Manuguid, Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser Bailey PC, Seattle, WA, for Respondent.

SWEENEY, J.

¶ 1 An insurance company in Washington is required to offer underinsured motorist (UIM) coverage at the same limits as the liability limits unless the insured specifically waives those UIM limits in writing. Here, the trial court concluded on summary judgment that the insured had waived UIM limits in writing. We agree with that decision and affirm the summary dismissal of the insured's counterclaims and third...

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