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VOGELIN v. AMERICAN FAMILY MUTUAL INS. CO.

050201571; A132051.

191 P.3d 687 (2008)

221 Or. App. 558

Jessica VOGELIN, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellant. With her on the briefs was Steven A. Kahn.

Thomas M. Christ, Portland, argued the cause for respondent. With him on the brief were Brian J. Scott and Cosgrave Vergeer Kester LLP.

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

ARMSTRONG, J.

Plaintiff was injured in an automobile accident and filed an action against defendant to recover underinsured motorist (UIM) benefits allegedly due her under her insurance policy with defendant. The issue on appeal concerns the calculation of the UIM benefits due plaintiff. The specific question presented is this: When an insured's damages exceed both the amount recovered from the tortfeasor's liability insurance and the uninsured motorist (UM) limit...

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