Dayton v. Farmers Insurance Group

At issue in this case is whether an insured is entitled to attorney fees incurred in a UIM arbitration proceeding to determine damages. In the action to confirm the arbitration award, the trial court awarded attorney fees pursuant to Olympic S.S. Co. v. Centennial Ins. Co., 117 Wn.2d 37, 811 P.2d 673 (1991). We reverse the award of attorney fees. The Superior Court exceeded its authority in awarding attorney fees, which are not recoverable under Olympic Steamship in UIM arbitrations.

Facts

Dean Dayton was injured in an automobile collision with an uninsured motorist on April 27, 1990. Dayton…