Legal Opinion

Winters v. State Farm Mutual Automobile Insurance

Court of Appeals of Washington

Decided February 29, 2000No. 23396-7-IIPublishedCited by 17 opinions

1Opinion of the CourtMorgan, J.

Three questions are presented. (1) After a personal injury protection coverage (PIP) insured has fully recovered his or her damages, does a PIP insurer have a right to reimburse itself for its earlier PIP payments by deducting the amount of such payments from an underinsured motorist coverage (UIM) award, assuming its policy so provides? (2) Does a PIP insurer maintain this right even if it elects to subrogate against the at-fault tortfeasor? (3) Is a PIP insurer’s right conditioned on its paying a pro rata share of costs and fees that the PIP insured reasonably incurred to recover full…

2Cases cited33 opinions

  1. Olympic Steamship Co., Inc. v. Centennial Ins. Co.Washington Supreme Court · 1991
  2. Mahler v. SzucsWashington Supreme Court · 1998
  3. Mahler v. SzucsWashington Supreme Court · 1998
  4. Leingang v. PIERCE CO. MED. BUREAU, INC.Washington Supreme Court · 1997
  5. Leingang v. Pierce County Medical Bureau, Inc.Washington Supreme Court · 1997

28 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Winters v. State Farm Mut. Auto. Ins. Co.Washington Supreme Court · 2001
  2. Winters v. State Farm Mutual Automobile InsuranceWashington Supreme Court · 2001
  3. Matsyuk v. State Farm Fire & Casualty Co.Washington Supreme Court · 2012
  4. Hamm v. State Farm Mut. Auto. Ins. Co.Washington Supreme Court · 2004
  5. Chen v. State Farm Mutual Automobile InsuranceCourt of Appeals of Washington · 2004

12 more not listed; retrieve them via the Exa API.

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