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STATE FARM MUTUAL AUTO. INS. CO. v. HALE

051083E3; A130967.

168 P.3d 285 (2007)

215 Or. App. 19

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Respondent, v. Randall Cecil HALE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 12, 2007.

Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for appellant. On the opening brief were David A. deVilleneuve and Shlesinger & deVilleneuve Attorneys, P.C. With them on the reply brief was Luvaas Cobb.

Billy M. Sime, Salem, argued the cause for respondent. With him on the brief was Parks, Bauer, Sime, Winkler & Fernety, LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Plaintiff State Farm Mutual Automobile Insurance Company initiated this action for declaratory judgment, seeking a declaration that defendant, its insured who had been injured in an auto accident, was required pursuant to ORS 742.538 to reimburse plaintiff for personal injury protection (PIP) benefits after defendant received a settlement from another insurer. The trial court agreed with plaintiff and entered judgment to that effect. Defendant appeals...

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