Woodley v. Safeco Ins. Co.

929 P.2d 1150
CourtCourt of Appeals of Washington
DecidedJanuary 21, 1997
Docket36673-4-I
StatusPublished
Cited by4 cases

This text of 929 P.2d 1150 (Woodley v. Safeco Ins. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodley v. Safeco Ins. Co., 929 P.2d 1150 (Wash. Ct. App. 1997).

Opinion

929 P.2d 1150 (1997)
84 Wash.App. 653

Denise Brackett WOODLEY, Respondent,
v.
SAFECO INSURANCE COMPANY, Appellant.

No. 36673-4-I.

Court of Appeals of Washington, Division 1.

January 21, 1997.

*1151 J. Robert Leach, Everett, for Appellant.

Gordon Arthur Woodley, Woodley Law Offices, Bellevue, for Respondent.

ELLINGTON, Judge.

Denise Woodley and Safeco Insurance Company arbitrated UIM coverage for damages she incurred when she was struck by an underinsured motorist. The arbitration panel awarded Woodley $450,000 in "total damages." The court confirmed the award, offset by $300,000 Woodley received from the tortfeasor. Safeco argues that the court erred by not further offsetting the award by $56,435 paid under the medical payments and personal injury protection (PIP) provisions of the policy. Safeco contends that absent these deductions, Woodley will receive a double recovery. We reverse, finding that the arbitrators awarded total compensation and that Safeco is entitled to the deductions because they were authorized by the policy and because their allowance will not deprive Woodley of full compensation.

Facts

Denise Woodley was injured in a motor vehicle accident caused by a negligent driver whose liability insurance had a $300,000 limit. Safeco had paid Woodley $56,435 under medical and personal injury provisions of her policy. Woodley later claimed total damages exceeding $2 million, and demanded payment of her $1 million UIM coverage maximum, or arbitration under the policy. Her demand letter recited that her damages included "net economic loss[es]" of $1.2 million and "non-economic losses" that "easily exceeded" $800,000.[1] Her letter did not purport to remove past medical expenses or wage loss from the arbitration. Nor did the policy's arbitration clause exclude medical expenses or past wage losses from the arbitration. Rather, the clause authorized the arbitration of disputed damages: *1152 If we and a covered person disagree whether that person is legally entitled to recover damages from the owner or operator of an underinsured motor vehicle or do not agree as to the amount of damages, the dispute shall be resolved by arbitration. Arbitration shall begin upon a written demand from either party.

The parties agreed that Woodley was not at fault, but disagreed as to the amount of damages.

At the arbitration hearing, Woodley submitted evidence of past medical expenses totaling over $20,000, past wage loss in the range of $130,000 to $165,000, and claimed future lost income. The panel awarded Woodley $450,000 in "total damages." In full, the award recites:

We, the undersigned arbitrators, hereby find Denise Brackett Woodley is entitled to an award of damages as the result of the motor vehicle accident of July 17, 1991, and that Denise Brackett Woodley's total damages caused by the accident of July 17, 1991 are in the sum of Four Hundred Fifty Thousand Dollars ($450,000). [Emphasis added].

The day after the arbitrators' decision, Safeco informed Woodley that it intended to offset the award with the $300,000 payment from the tortfeasor's insurance company and with the $56,435 that Safeco had paid under the medical and PIP provisions of Woodley's policy. These proposed deductions were expressly authorized by Woodley's policy. The UIM section authorized offsets for payments received from the tortfeasor, and the medical and PIP sections authorized offsets for payments made under these sections from any subsequent UIM award.[2] Safeco asked Woodley to respond if she disagreed with these offsets. More than one week later, having heard nothing from Woodley, Safeco tendered to Woodley a $93,000 check, representing the amount of the award less the offsets. The letter that accompanied this check noted her previous lack of response and again requested Woodley to respond if she disputed the offsets. She did not respond.

Woodley filed her motion to confirm the award nearly five months later. She did not dispute the $300,000 deduction for the tortfeasor's direct payment, but did dispute the $56,435 medical and PIP payment deductions, contending that the arbitrators had awarded her only general damages and future wage loss. In support of her motion, she declared that she did not ask the arbitrators to compensate her for the medical and PIP damages. Her attorney, who had not represented her at the arbitration, declared that "[t]here was no request for these paid and resolved PIP amounts to be awarded[.]"

In response to Woodley's motion, Safeco's counsel filed a declaration attaching the evidence of medical expenses and lost wages that Woodley submitted to the arbitrators. Counsel also declared that the arbitrators were not provided any information concerning the medical and PIP payments, nor asked to resolve questions of offsets.

In rebuttal, Woodley contended that the evidence of medical damages and wage loss was presented to the arbitrators not so they would award those damages, but so the arbitrators would "gain a greater appreciation of what would be an appropriate general damages award[.]"

*1153 When confirming the award, the court allowed the undisputed $300,000 offset but denied Safeco's claims for medical and PIP offsets without comment.

Discussion

The key question here is whether the court erred in failing to deduct previously paid medical and PIP amounts from the arbitrator's award of "total damages." Offsetting clauses contained in insurance policies are generally enforceable so long as their application does not deprive the insured of full compensation. Keenan v. Indust. Indem., 108 Wash.2d 314, 317-22, 738 P.2d 270 (1987). We must therefore determine whether these particular clauses are enforceable and whether their enforcement would deprive Woodley of full compensation.

Standard of Review

As a threshold matter we must determine the appropriate standard of review. We know of no case squarely addressing the standard in the context of review of a confirmation order under RCW 7.04.150, which provides that the court must confirm the award if no grounds exist to vacate, modify or correct the award. Instead, the cases note that a trial court's review of arbitration awards derives from and is "restricted" or "limited" by statute. See, e.g., Barnett v. Hicks, 119 Wash.2d 151, 153-54, 157, 829 P.2d 1087 (1992); Dayton v. Farmers Ins. Group, 124 Wash.2d 277, 279-80, 876 P.2d 896 (1994); Boyd v. Davis, 127 Wash.2d 256, 259, 897 P.2d 1239 (1995). These cases generally reinforce the notion that the reviewing court is not empowered to re-try the case de novo or to examine the merits of the award. See, e.g., Boyd, 127 Wash.2d at 263, 897 P.2d 1239; Barnett, 119 Wash.2d at 157, 829 P.2d 1087. See

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