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... if They Had Been Told The U.M. Limits Were Offered.
Prejudgment interest was recovered on the $100,000.00 uninsured motorist policy limit for which the U.M. Insurance Company offered to settle personal injury claims against its Insured ten years before the injured claimants-plaintiffs established their right to recover it.
This holding came in a legal malpractice lawsuit which was filed against the attorney the injured claimants had retained to sue the Uninsured Motorist Tortfeasor.
The case also resolved a novel question of Washington State law by refusing to deduct the defendant attorney's contingency fee amount from the amount awarded in the suit filed by the plaintiffs-former clients-claimants against him. The decision in this Shoemake v. Ferrer case is linked at http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=818126MAJ, also published as Shoemake v. Ferrer, 2010 WL 376941 Paragraph 5 *1, Paragraph 15 *4 (Wash. February 4, 2010)(en banc)(subscription required to access Westlaw).
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