219 Or. App. 117 182 P.3d 865

Argued and submitted December 5, 2007,

affirmed March 26, 2008

FARMERS INSURANCE COMPANY OF OREGON, Plaintiff-Appellant, v. Jennifer CHAN and James P. Dwyer, Defendants-Respondents.

Washington County Circuit Court C051687CV; A132921

182 P3d 865

Margaret H. Leek Leiberan argued the cause for appellant. With her on the opening brief was Mason & Associates. On the reply brief were Mason & Associates and Craig O. West.

Kathryn M. Pratt argued the cause and filed the brief for respondents.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.

PER CURIAM

*118PER CURIAM

This case is procedurally and substantively identical in all material respects to Mid-Century Ins. Co. v. Turner, 219 Or App 44,182 P3d 855 (2008). That is, after its insured settled with the tortfeasor’s insurance carrier for the limits of the tortfeasor’s policy, plaintiff Farmers Insurance Company initiated an action against its insured to recover personal injury protection (PIP) benefits that it had paid out pursuant to its insured’s policy. In that action, plaintiff did not invoke any of the statutory methods prescribed for recovery of PIP payments but, instead, alleged claims for breach of contract, money had and received, breach of settlement agreement, and breach of fiduciary duty. Because the pleadings and legal theories are the same in both cases, we reject plaintiffs arguments on appeal in the present case for the reasons explained jn. Mid-Century Ins. Co.

Affirmed.

Farmers Insurance v. Chan
219 Or. App. 117 182 P.3d 865

Case Details

Name
Farmers Insurance v. Chan
Decision Date
Mar 26, 2008
Citations

219 Or. App. 117

182 P.3d 865

Jurisdiction
Oregon

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!