Keenan v. INDUSTRIAL INDEMNITY INS. CO. OF NORTHWEST

An automobile insurer who had issued an insurance policy providing both personal injury protection (PIP) and underinsured motorist coverages seeks reimbursement of PIP benefits previously paid to the insured, pursuant to a reimbursement provision in the policy. At issue is whether this reimbursement provision is enforceable to the extent that it prevents the insured from receiving a double recovery for her damages. The trial court disallowed any reimbursement of PIP benefits. We accepted direct review and reverse.

On March 13, 1981, while driving her automobile plaintiff Genevieve Keenan was…