KESSLER v. WEIGANDT

No. TC A8010-005643; CA A24652; SC S30823.

699 P.2d 183 (1985)

299 Or. 38

Vaughn KESSLER, Respondent On Review, v. Yale R. WEIGANDT, Defendant, and United Services Automobile Association, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided April 23, 1985.


Attorney(s) appearing for the Case

J.P. Graff, Portland, argued the cause for petitioner on review. With him on the briefs were James F. Spiekerman and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Ben C. Fetherston, Jr., Portland, argued the cause for respondent on review. With him on the briefs were John J. Haugh, John J. Haugh, P.C., and Haugh & Foote, P.C., Portland.

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

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


LENT, Justice.

The issue is whether an "authorized"1 motor vehicle liability insurer which is required under ORS 743.8252 to reimburse another such insurer for the amount paid by it to its insured for personal injury protection (PIP) benefits3 is entitled to a credit in that amount in determining whether the reimbursing insurer has exhausted its liability policy limits in settling...

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