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AVERILL v. FARMERS INS. CO. OF WASHINGTON

No. 62767-8-I.

229 P.3d 830 (2010)

Pearl C. AVERILL, individually, and on behalf of all those similarly situated, Respondent, v. FARMERS INSURANCE COMPANY OF WASHINGTON, Petitioner.

Court of Appeals of Washington, Division 1.

March 15, 2010.

Attorney(s) appearing for the Case

Stevan David Phillips, Margarita V. Latsinova, Stoel Rives LLP, Seattle, WA, for Petitioner.

David R. Hallowell, Matthew James Ide, Attorney at Law, Seattle, WA, for Respondent.

APPELWICK, J.

¶ 1 Farmers appeals the grant of partial summary judgment in favor of Averill and denial of Farmers' CR 12(b)(6) motion to dismiss. Farmers paid its insured Averill for the loss of her automobile in an accident, then sought recovery of its subrogated interests in arbitration with the other driver's insurer. Farmers also sought recovery of Averill's deductible on her behalf. The arbitrator determined that...

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