(DOWNLOAD) "Mcgreevy V. Oregon Mutual Insurance Co." by Division Three, Panel One Court of Appeals of Washington # eBook PDF Kindle ePub Free

eBook details

Title: Mcgreevy V. Oregon Mutual Insurance Co.
Author : Division Three, Panel One Court of Appeals of Washington
Release Date : January 12, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

SWEENEY, A.C.J. --William J. McGreevy was killed when the vehicle he was driving struck an uninsured flatbed truck. He and his wife, Christine, were insured by Oregon Mutual Insurance Company. Their policy provided combined single limit liability coverage of $100,000. Mrs. McGreevy insisted the coverage limits for the four vehicles under the policy could be stacked, thereby increasing the policy limits to $400,000. Oregon Mutual maintained that the policy as originally issued to the McGreevys, and as amended by a later endorsement, OMG-24, limited the uninsured motorists (UIM) benefits to $100,000. The trial court concluded that the policy language limiting stacking was ambiguous and an issue of fact was presented as to whether the McGreevys had received OMG-24. Following a 2-day trial, a jury determined by special verdict that Oregon Mutual had not mailed OMG-24 to the McGreevys. An arbitration panel subsequently determined Mrs. McGreevy was entitled to $650,000 less 30 percent for the comparative fault of Mr. McGreevy. The court entered a final judgment confirming the award. Mrs. McGreevy was awarded taxable costs and attorney fees of $2,559.38. Oregon Mutual appeals the judgment; Mrs. McGreevy cross-appeals the denial of reasonable attorney fees and costs. We affirm that portion of the judgment affirming the arbitration award and reverse that portion denying the award of reasonable attorney fees and costs.