BATTEN v. STATE FARM MUT. AUTO. INS. CO.

SC S067887.

495 P.3d 1222 (2021)

368 Or. 538

Travis BATTEN, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. Estate of John Wesley Counts, Plaintiff, v. State Farm Mutual Automobile Insurance Company, Defendant. Cesar Rivera, Plaintiff, v. State Farm Mutual Automobile Insurance Company, Defendant. Lori Chisolm, Plaintiff, v. State Farm Mutual Automobile Insurance Company, Defendant.

Supreme Court of Oregon, En Banc.

September 17, 2021.


Attorney(s) appearing for the Case

Travis Eiva , Eiva Law, Eugene, and Michael Brian , Brian Law Firm, LLC, Medford, argued the cause and filed the briefs for plaintiffs.

Ralph Spooner , Spooner & Much, PC, Salem, argued the cause and filed the briefs for defendant. Also on the brief was David E. Smith , Salem.

Lisa T. Hunt , Law Office of Lisa T, Hunt, LLC, Lake Oswego, filed the brief for amicus curiae Oregon Trial Lawyers Association.


These consolidated cases reach us on a certified question from the United States District Court for the District of Oregon. We are asked to determine whether Oregon law precludes an insurer from limiting its liability for uninsured/underinsured motorist (UM/UIM) benefits on the basis that another policy also covers the insured's losses...

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