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BAUDER v. FARMERS INS. CO.

A8403-01592; CA A34683.

707 P.2d 1296 (1985)

Alita BAUDER, As Guardian and Conservator for Jack Bauder, Appellant, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Argued and Submitted September 5, 1985.

Reconsideration Denied December 13, 1985.

Attorney(s) appearing for the Case

Ben C. Fetherston, Jr., Portland, argued the cause for appellant. With him on the briefs was Haugh & Foote, P.C., Portland.

William L. Hallmark, Portland, argued the cause for respondent. With him on the brief were William G. Earle, and Hallmark, Griffith & Keating, P.C., Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff's protected person1 was seriously injured in an automobile accident. The driver of the other vehicle was uninsured. Defendant is plaintiff's automobile insurer, and its policy provides personal injury protection (PIP) coverage and uninsured motorist coverage, both with $100,000 limits. After the accident, defendant paid plaintiff $100,000 from the PIP coverage...

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