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Winters v. State Farm Mutual Automobile Insurance Co.2/29/2000
attorneys' fees.' RCW 4.84.270 provides, by necessary implication, that a defendant does not prevail if the plaintiff recovers more than the defendant's pre-trial offer of settlement. That is the case here, so the award of attorney's fees is reversed.
The judgment is affirmed in part and reversed in part. On remand, the trial court shall order State Farm to pay its pro rata share (8,271รง 40,271) of the costs and attorney fees reasonably incurred by Winters to recover full compensation for her damages, which is to say costs and attorney fees reasonably incurred to litigate against Cunningham and arbitrate against State Farm.
Morgan, J.
We concur:
Seinfeld, J.
Bridgewater, C.J.
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