STAIGER v. BURKHART

No. 131,718; CA A26533.

683 P.2d 1015 (1984)

Raymond STAIGER, As Conservator of the Estate of Veronica Staiger, a Minor, and William H. Rosenberry, As Conservator of the Estate of Kimberly Rae Rosenberry, a Minor, Respondents, v. Lisa BURKHART, Larry Burkhart, Sandy Burkhart, and Oregon Mutual Insurance Company, Appellants.

Court of Appeals of Oregon.

Argued and Submitted May 6, 1983.

Review Allowed August 28, 1984.


Attorney(s) appearing for the Case

Ralph C. Spooner, Salem, argued the cause for appellants. With him on the briefs was Williams & Spooner, Salem.

C.S. Emmons, Albany, argued the cause for respondents. With him on the brief was Emmons, Kyle, Kropp & Kryger, P.C., Albany.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

This is a declaratory judgment action to determine whether defendant Oregon Mutual Insurance Company (OMIC), which issued an automobile insurance policy to defendants Burkhart, was entitled to offset the personal injury protection (PIP) benefits it had paid plaintiffs against the liability limits available under the policy. The trial court held that OMIC was not entitled to reduce the liability limits of the policy by the PIP benefits it had paid plaintiffs...

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