In September, 2012, Attorney Brian Hanis argued a matter before the Court of Appeals of the State of Washington, Division 1. The Court supported Mr. Hanis’ clients’ position that issues still remained and reversed a trial court ruling dismissing the case in favor of Farmers Insurance Company. (Dehaan, Carlson v. Farmers Ins. Co.) The matter involved a motor vehicle accident involving Mr. Hanis’ clients which resulted in an underinsured motorist claim against Farmers. The trial court ruled that funds received from a third party were enough to compensate all “property damages” sustained by the injured party. The ruling failed to account for other potential damages resulting from the accident and failed to properly allocate the funds received. In other words, the ruling unilaterally applied the funds to one specific damage, ignoring the remaining damages. The Appeals Court sided with Mr. Hanis’ clients and ruled that issues of fact still remain to be addressed. Specifically, all damages as a result of the accident must be accounted for and funds received from third parties must be properly allocated. Mr. Hanis’ successful argument potentially sets new precedent for proper allocation of funds in future cases in Washington.
Serving South King County and the Surrounding Areas.