KESSLER v. WEIGANDT

No. A8010-05643; CA A24652.

685 P.2d 425 (1984)

68 Or.App. 180

Vaughn KESSLER, Respondent-Cross-Appellant, v. Yale R. WEIGANDT, Defendant, United Services Automobile Association, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided May 9, 1984.


Attorney(s) appearing for the Case

J.P. Graff, Portland, argued the cause for appellant-cross-respondent. With him on the briefs was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Ben C. Fetherson, Jr., Portland, argued the cause for respondent-cross-appellant. With him on the briefs were John J. Haugh, P.C., and John J. Haugh, Portland.

J. Michael Alexander and Brown, Burt, Swanson, Lathen & Alexander, Salem, filed a brief amicus curiae for Or. Trial Lawyers Ass'n.

David C. Landis, Portland, filed a brief amicus curiae for Or. Ass'n of Defense Counsel.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

This is a personal injury case in which plaintiff, the victim of an automobile accident, and a liability insurance company dispute whether and to what extent the company, in paying a settlement to plaintiff, may offset either (1) the amount it has already advanced to plaintiff or (2) the amount it has reimbursed plaintiff's own insurer for personal injury protection (PIP) benefits. The trial court held that the advances could be offset,...

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