Averill v. Farmers Insurance

¶1 Farmers appeals the grant of partial summary judgment in favor of Averill and denial of Farmers’ CR 12(b)(6) motion to dismiss. Farmers paid its insured, Averill, for the loss of her automobile in an accident, then sought recovery of its subrogated interests in arbitration with the other driver’s insurer. Farmers also sought recovery of Averill’s deductible on her behalf. The arbitrator determined that each party was 50 percent at fault and awarded Farmers and Averill each 50 percent of the amount claimed. Averill sued Farmers to recover the other 50 percent of her deductible on the theory…