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ANDERSON v. FARMERS INS. CO. OF OREGON

CV98-08-38946; A112325.

71 P.3d 144 (2003)

188 Or. App. 179

Frank ANDERSON, Respondent, v. FARMERS INSURANCE COMPANY OF OREGON, Appellant.

Court of Appeals of Oregon.

Decided June 12, 2003.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs was Cosgrave, Vergeer & Kester LLP.

W. Eugene Hallman, Pendleton, argued the cause for respondent. With him on the brief was Hallman & Dretke.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Defendant Farmers Insurance Company of Oregon (Farmers) appeals from a judgment for plaintiff, its insured, on plaintiff's claim for breach of contract arising out of Farmers' failure to preauthorize payment of personal injury protection (PIP) benefits for the full cost of plaintiff's knee replacement surgery after an automobile accident. We affirm.

Most of the facts are not in dispute. Plaintiff was injured while driving his own automobile,...

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