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EDWARDS v. BONNEVILLE AUTO. INS. CO.

TC A8012-06795, CA A24511, SC S30959.

699 P.2d 670 (1985)

299 Or. 119

Carl L. EDWARDS, Petitioner On Review, v. BONNEVILLE AUTOMOBILE INSURANCE COMPANY, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided May 7, 1985.

Reconsideration Denied July 9, 1985.

Attorney(s) appearing for the Case

Anna M. Moran, Portland, argued the cause for petitioner on review. With her on the briefs was Gerald R. Pullen, Portland.

Thomas W. Brown, Portland, argued the cause for respondent on review. With him on the briefs was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

LENT, Justice.

The issue is whether, because of a provision in the policy,1 the defendant 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.2 The provision is:

"Any payments made by the Company under this insurance either as benefits to or on behalf of any injured person...

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