Mencel v. Farmers Insurance Company of Washington
In Mencel v. Farmers Insurance Company of Washington, 86 Wn. App. 480, 937 P.2d 627 (Wash. Ct. App. 1997), the at-fault driver had liability insurance of $ 500,000, the jury awarded $ 804,450, and the driver's insurer subsequently settled for $ 725,000. Id. at 628.
The court then held that the jury verdict, rather than the later settlement, determined the amount of full compensation and that the injured party's UIM coverage should pay the difference of the two, to the extent of the UIM policy limits. Id. at 629.
The driver in Mencel was underinsured.