Finney v. Farmers Ins. Co

In Finney v. Farmers Ins. Co., 21 Wn. App. 601, 586 P.2d 519 (1978), aff'd, 92 Wn.2d 748, 600 P.2d 1272 (1979) the Court of Appeals held that a UIM carrier that was given timely notice of the decedent insured's wrongful death action against a tortfeasor and declined to intervene in the action was bound by the findings, conclusions, and judgment entered in that case. The Court of Appeals also declined to hold the insurer was not bound by a judgment based on a stipulation where a court made findings and conclusions that were essential to entry of the judgment. Finally, the court held the insurer waived any right to contractual arbitration by its course of conduct in compelling the insured's estate to pursue a civil action against the tortfeasor. The Court approved of the Court of Appeals view on these issues. Finney, 92 Wn.2d at 750.