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WEST AM. INS. v. NATIONWIDE MUT. INS. CO.

No. A7703-02985; CA 10944.

593 P.2d 796 (1979)

39 Or.App. 525

WEST AMERICAN INSURANCE COMPANY, a Corporation, Respondent, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a Corporation, Appellant.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause and filed the briefs for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe and John E. Hart, Portland.

M. Robert F. Smith, Portland, argued the cause for respondent. With him on the brief was Fellows, McCarthy, Zikes & Kayser, P.C., Portland.

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

Plaintiff, an insurer that had made personal injury protection (PIP) payments to its insured, brought this action for a judgment declaring that defendant, as insurer of the other party involved in the accident which gave rise to the PIP payments, was required to submit to arbitration under ORS 743.825 (as it read prior to amendment in 1975) to determine the amount of reimbursement owed by defendant to plaintiff.

The automobile accident from...

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