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MEDEAN v. MOELLER

060809075; A143446.

268 P.3d 623 (2011)

246 Or. App. 717

Terry L. MEDEAN, Plaintiff-Appellant, v. Jeremy MOELLER, Defendant-Respondent, and Travelers Indemnity Company of America, a foreign corporation, Defendant.

Court of Appeals of Oregon.

December 7, 2011.

Attorney(s) appearing for the Case

Rick Klingbeil , Portland, argued the cause and filed the briefs for appellant.

Douglas F. Foley argued the cause for respondent. With him on the brief were Vernon S. Finley and Douglas Foley & Associates, PLLC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

ARMSTRONG, J.

Plaintiff obtained a money judgment against defendant for personal injuries that plaintiff had sustained in an automobile accident. Before the court entered the judgment, defendant's liability insurer reimbursed plaintiffs insurer for the amount of personal injury protection (PIP) benefits provided by plaintiffs insurer to plaintiff. More than a year after the court entered the judgment, defendant's liability insurer sought a credit against plaintiff...

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