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STAIGER v. BURKHART

TC 131,718, CA A26533, SC S30895.

698 P.2d 487 (1985)

299 Or. 49

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 On Review, v. Lisa BURKHART, Larry Burkhart, Sandy Burkhart, and Oregon Mutual Insurance Company, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided April 23, 1985.

Attorney(s) appearing for the Case

Ralph C. Spooner, Salem, argued the cause for petitioners on review. With him on briefs were Spooner & Much and Williams & Spooner, Salem.

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

LENT, Justice.

The issue is whether a motor vehicle liability insurer is entitled to an offset against its liability policy limits for the sum it has paid to an injured person as personal injury protection (PIP) benefits.1 We hold that the insurer is not entitled to the offset.

Plaintiffs2 were passengers in a motor vehicle operated by defendant Lisa Burkhart in 1980. The vehicle was involved in a collision...

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