Gallagher v. Sidhu
Gallagher v. Sidhu
Opinion of the Court
¶1 Margaret Gallagher and her husband initiated a personal injury lawsuit after she was injured in a vehicle accident. The defendants’ liability insurer became insolvent, so the Washington Insurance Guaranty Association (WIGA) stepped into its shoes pursuant to chapter
¶2 Margaret Gallagher was injured in a vehicle accident caused by Nirmal Sidhu. Sidhu was driving a Farwest taxi owned by Vackram Singh. Gallagher and her husband sued Sidhu, Farwest, and Singh for damages arising out of her injuries.
¶3 At the time of the accident, the defendants had a liability insurance policy with United Pacific Insurance Company, a former subsidiary of Reliance Insurance. The policy insured up to $100,000 per person for bodily injury. Reliance has since been liquidated. Under the Washington Insurance Guaranty Association Act, chapter 48.32 RCW (the Act), WIGA assumed responsibility for claims arising out of the defendants’ policy with the insolvent insurer.
¶4 The Gallaghers had $100,000 UIM coverage in their own insurance policy. They claimed and received the full amount from their insurer.
¶[5 The parties stipulated that WIGA could intervene in the lawsuit in order to determine whether RCW 48.32.100(1) eliminated WIGA’s obligation to make payments on behalf of the defendants. WIGA and the Gallaghers filed cross motions for summary judgment. The superior court granted WIGA’s motion, and denied the Gallaghers’. The court denied the Gallaghers’ subsequent motion for reconsideration.
¶6 The Gallaghers first argue that WIGA is not entitled to offset its obligation by the amount available under their UIM policy. They claim that the Act requires UIM benefits to be offset against a claimant’s total damages, not against the amount of the defendant’s policy with the insolvent carrier. So long as they have not been made whole by the receipt of their UIM coverage, argue the Gallaghers, WIGA is obligated to pay any remaining damages, up to the defendants’ policy limits.
¶7 But it is well established that WIGA is entitled to offset its obligation by the amount available under a claimant’s UIM policy. The purpose of chapter 48.32 RCW is to avoid financial loss to claimants when insurers become insolvent.
¶8 Under the Act, WIGA steps into an insolvent insurer’s shoes to the extent of its obligation on all covered claims.
¶10 Citing Washington Insurance Guaranty Ass’n v. McKinstry Co.
¶11 In McKinstry, we held that WIGA cannot offset payments by a primary insurer when it is standing in the shoes of an insolvent excess insurer.
¶12 In Mullins, we held that the nonduplication provision is limited to funds available under insurance policies. We concluded that retirement funds recovered under chapter 41.26 RCW, which is the Washington Law Enforcement Officers’ and Firefighters’ Retirement System Act, do not offset WIGA’s obligation.
¶[13 Citing Proios v. Bokeir,
¶14 We agree with Division Two. WIGA is responsible only for covered claims, which are unpaid claims that arise from an insurers’ insolvency.
¶16 The Gallaghers next contend that the superior court did not have jurisdiction to order that they could not recover the first $100,000 of any judgment from the defendants. They claim that the stipulation permitting WIGA to intervene did not include authorization for the court to decide whether the defendants benefited from any offset granted to WIGA. Alternatively, they argue that the superior court erred in holding that the Gallaghers were precluded from recovering the first $100,000 from the defendants.
¶17 In Proios, we held that the insured also benefits from any offset to which WIGA is entitled,
¶19 This holding is consistent with the nature of WIGA’s obligation. The Act does not permit direct action against WIGA as the wrongdoer.
¶20 Furthermore, the Gallaghers’ argument that the parties’ stipulation limited the court’s jurisdiction must fail because litigants cannot stipulate to the power of courts to decide matters of law.
¶21 Affirmed.
Ellington, A.C.J., and Becker, J., concur.
RCW 48.32.010.
Proios v. Bokeir, 72 Wn. App. 193, 198, 201-02, 863 P.2d 1363 (1993).
RCW 48.32.060.
RCW 48.32.030(4).
RCW 48.32.100(1).
RCW 48.32.100(1).
Proios, 72 Wn. App. at 202.
Prutzman v. Armstrong, 90 Wn.2d 118, 122, 579 P.2d 359 (1978); Alamo Rent A Car, Inc. v. Schulman, 78 Wn. App 412, 416, 897 P.2d 405 (1995) (holding that when a claimant has a right to his UIM policy, any amount available offsets WIGA’s obligation); Proios, 72 Wn. App. at 202.
Prutzman, 90 Wn.2d at 122.
Prutzman, 90 Wn.2d at 122; Shepard v. Wash. Ins. Guar. Ass’n, 120 Wn. App. 263, 266-67, 84 P.3d 940 (2004).
56 Wn. App. 545, 784 P.2d 190 (1990).
62 Wn. App. 878, 816 P.2d 61 (1991).
Prutzman, 90 Wn.2d at 122; Shepard, 120 Wn. App. at 266-67.
McKinstry, 56 Wn. App. at 553.
See Shepard, 120 Wn. App. at 267-68 (explaining the holding in McKinstry).
RCW 48.32.030(4) (defining “covered claim”).
Mullins, 62 Wn. App. at 882.
72 Wn. App 193, 863 P.2d 1363 (1993).
120 Wn. App. 263, 84 P.3d 940 (2004).
Shepard, 120 Wn. App. at 269.
RCW 48.32.060(l)(a) (providing that WIGA is “obligated to the extent of the covered claims”); RCW 48.32.030(4) (defining covered claim).
Proios, 72 Wn. App at 198.
193 Cal. App. 3d 433, 238 Cal.Rptr. 346 (1987).
Liemsakul, 238 Cal.Rptr. at 349-50.
Liemsakul, 238 Cal. Rptr. at 350.
Proios, 72 Wn. App. at 198.
Proios, 72 Wn. App. at 198.
Proios, 72 Wn. App. at 197 (citing Urban v. Loham, 227 111. App. 3d 772, 592 N.E.2d 292, 296, 169 111. Dec. 805 (1992)).
Barnett v. Hicks, 119 Wn.2d 151, 161, 829 P.2d 1087 (1992); Folsom v. Spokane County, 111 Wn.2d 256, 262, 759 P.2d 1196 (1988); 73 Am. Jue. 2d Stipulations § 18 (2001) (explaining that “it has been held that the jurisdiction of the court cannot be limited by stipulation so as to deprive it of its power to pronounce judgment upon all the material facts in the case”).
Reference
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- Margaret Gallagher v. Nirmal Sidhu
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