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MATSYUK v. STATE FARM FIRE & CAS. CO.

No. 64151-4-I.

229 P.3d 893 (2010)

Olga MATSYUK, individually, and on behalf of all those similarly situated, Appellant, v. STATE FARM FIRE & CASUALTY CO., Respondent.

Court of Appeals of Washington, Division 1.

March 29, 2010.

Attorney(s) appearing for the Case

David R. Hallowell, Matthew James Ide, Seattle, WA, for Appellant.

Hozaifa Y. Cassubhai, Attorney at Law, Kenneth E. Payson, Stephen Michael Rummage, Seattle, WA, for Respondent.

APPELWICK, J.

¶ 1 Matsyuk was injured while riding as a passenger in a car. She recovered from the at-fault driver's insurance company, State Farm, under both the personal injury protection and liability coverages. Matsyuk then sought a pro rata share of her attorney fees from State Farm. Because Matsyuk's recovery of both liability and personal injury protection payments came from the tortfeasor's insurer, no common fund was created and fee sharing is not appropriate...

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