Matsyuk v. State Farm Fire & Casualty Co.

¶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. The trial court properly granted State Farm’s CR 12(b)(6) motion to dismiss her claims for attorney fees, breach of contract, conversion,…