GRIJALVA v. SAFECO INS. CO.

(CC 95-SV-0296-AB; CA A94209; SC S45472)

985 P.2d 784 (1999)

329 Or. 36

Judith GRIJALVA, Petitioner on Review, v. SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Respondent on Review. Safeco Insurance Company of America, a Washington corporation, Cross-Appellant, v. Judith Grijalva and Robert Grijalva, Cross-Respondents, and Carol S. Edwards and Larry Edwards, Third-Party Defendants.

Supreme Court of Oregon.

Decided July 9, 1999.


Attorney(s) appearing for the Case

Bruce J. Brothers, of Brothers & Ash, Bend, argued the cause and submitted the brief for petitioner on review. With him on the brief was Brian Chenoweth, of Rycewicz and Chenoweth, Portland.

Brian L. Gingerich, of Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLP, Bend, argued the cause and filed the response for respondent on review.

Charles Robinowitz and Dean Heiling, Portland, filed briefs for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.


GILLETTE, J.

This is an action for breach of an automobile insurance contract. The primary issue before this court concerns the proper method for calculating the amount of underinsured motorist (UIM) benefits payable to an individual claimant under a so-called "single-limit" policy, when other persons injured in the same accident also are seeking benefits under the policy.1 The trial court ruled, and the Court of Appeals agreed, that,...

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