MID-CENTURY INSURANCE COMPANY, Respondent on Review,
v.
Elijah PERKINS, Petitioner on Review.
Dennis W. Phillips, Petitioner on Review,
v.
Safeco Insurance Company of Oregon, Respondent on Review.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted October 3, 2007.
Decided February 28, 2008.
Attorney(s) appearing for the Case
Thomas N. Petersen, of Black Chapman Webber & Stevens, Medford, argued the cause for petitioner on review Perkins. Meagan A. Flynn, Preston Bunnell & Flynn, LLP, Portland, filed the brief for petitioner on review Perkins.
Thomas M. Christ, of Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the brief for respondent on review Mid-Century Insurance Company. With him on the brief was Thomas W. Brown.
Randall J. Wolfe, of Randall J. Wolfe, PC, Lake Oswego, argued the cause and filed the brief for petitioner on review Phillips.
Barbara L. Johnston, of Brisbee & Stockton, LLC, Hillsboro, argued the cause and filed the brief for respondent on review Safeco Insurance Company of Oregon. With her on the brief was Matthew J. Yium.
Kathryn H. Clarke, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Assocation.
Joel S. DeVore, of Luvaas Cobb, Eugene, filed the brief for amicus curiae Allstate Ins. Co., State Farm Mutual Auto Ins. Co., Country Mutual Ins. Co., American Family Ins. Co., and The Property Casualty Insurers Association of America.
Supreme Court of Oregon, En Banc.
DURHAM, J.
We consolidate in this opinion our review of two actions for the recovery of underinsured motorist (UIM) insurance benefits. In Mid-Century Ins. Co. v. Perkins,209 Or.App. 613, 149 P.3d 265 (2006), the Court of Appeals reversed a trial court order allowing the insured to recover UIM benefits. In Phillips v. Safeco Ins. Co. of Oregon,209 Or.App. 815...
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