Staiger v. Burkhart

This is a declaratory judgment action to determine whether defendant Oregon Mutual Insurance Company (OMIC), which issued an automobile insurance policy to defendants Burkhart, was entitled to offset the personal injury protection (PIP) benefits it had paid plaintiffs against the liability limits available under the policy. The trial court held that OMIC was not entitled to reduce the liability limits of the policy by the PIP benefits it had paid plaintiffs. Defendants appeal. We affirm.

The matter was heard on stipulated facts. An automobile collision occurred on March 7, 1980, involving a…