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PITCHFORD v. STATE FARM MUT. AUTO. INS.

16-95-03865; CA A90198.

934 P.2d 616 (1997)

147 Or. App. 9

William L. PITCHFORD, Respondent-Cross-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided March 12, 1997.

Attorney(s) appearing for the Case

Kathryn S. Chase, Eugene, argued the cause for appellant-cross-respondent. With her on the briefs were William G. Wheatley, Karl B. Matthews and Jaqua & Wheatley, P.C.

J. Michael Starr, Eugene, argued the cause for respondent-cross-appellant. With him on the briefs was Starr & Vincent, P.C.

Anthony A. Allen, Salem, filed a brief amicus curiae for Oregon Trial Lawyers Association.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

In this proceeding submitted to the court on stipulated facts and stipulated questions pursuant to ORCP 66, plaintiff sought underinsurance motorist (UIM) benefits from his own automobile insurer for injuries that he sustained in a motor vehicle accident. Defendant appeals from the $28,334 judgment for plaintiff, contending that the trial court erred in failing to credit against the UIM policy limits the payment that plaintiff received from...

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