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KENWORTHY v. PENNSYLVANIA GENERAL INS. CO.

Nos. 54950-8, 55149-9.

113 Wn.2d 309 (1989)

779 P.2d 257

CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON IN MARCEA H. KENWORTHY, ET AL, Plaintiffs, v. PENNSYLVANIA GENERAL INSURANCE COMPANY, Defendant. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. LYNN D. HOOKS, ET AL, Defendants, JUDITH ANDERSON, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

September 21, 1989.

Attorney(s) appearing for the Case

Ford, Nees & Nordstrom, P.S., by Stephen L. Nordstrom, for plaintiffs.

Marston, Hodgins, Gillingham & Jennings, by Halleck H. Hodgins, for appellants.

Richard L. Gemson and David H. Olwell, for defendant.

Harold C. Fosso, Christopher C. Mason, and Julin, Fosso, Sage, McBride & Mason, for respondent.

Richard B. Kilpatrick, Thomas J. Chambers, Robert H. Whaley, and Bryan P. Harnetiaux on behalf of Washington State Trial Lawyers Association, amici curiae.

Don M. Gulliford and William C. Smart on behalf of Washington Defense Trial Lawyers Association, amici curiae.

BRACHTENBACH, J.

These consolidated cases concern a single issue, i.e., the validity of a policy provision in underinsured motorist (UIM) coverage which requires the claimant to pay part of the arbitration costs when a question of coverage or amount of recovery goes to arbitration. We hold the arbitration cost provisions to be void as violative of RCW 48.22.030(3).

In the Kenworthy v. Pennsylvania General Insurance Company case, claimant, Marcea Kenworthy...

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