GUTHRIE v. STATE FARM MUTUAL AUTO. INS. CO.


522 P.2d 896 (1974)

Harold GUTHRIE, Appellant, v. STATE FARM MUTUAL Automobile Insurance company, an Illinois Corporation, Respondent, and General Insurance Company of America, a Washington Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Argued and Submitted February 7, 1974.


Attorney(s) appearing for the Case

Terry DeSylvia, Portland, argued the cause for appellant. With him on the briefs were Black, Kendall, Tremaine, Boothe & Higgins, Portland.

J. Philip Parks, Salem, argued the cause for respondent State Farm Mutual Automobile Ins. Co. With him on the brief were Miller, Beck & Parks, Salem.

Ronald G. Stephenson, Portland, argued the cause for respondent Gen. Ins. Co. of America. With him on the brief were Douglas G. Houser, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.


HOLMAN, Justice.

Plaintiff commenced an action against his insurer, State Farm Mutual Automobile Insurance Company (State Farm), to recover benefits for injuries caused by the negligence of an uninsured motorist. The General Insurance Company of America (Safeco) intervened, alleging that it had overpaid plaintiff $5,000 by mistake and contending that this sum was owing from either plaintiff or State Farm. The case was tried...

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