Thompson v. Estate of Adrian L. Pannell

I concur in the majority’s decision to affirm the trial court judgment. I write separately, however, because I cannot join in the majority’s decision to decide this case on the basis of a statute that does not apply to it.

The majority resolves whether plaintiff can recover uninsured motorist benefits from defendant by applying ORS 806.130 to her claim for those benefits. It reasons that that statute, if it applies to defendant, would require defendant to provide no more than the $25,000 in uninsured motorist benefits to plaintiff. Because plaintiff already has received $50,000 in those…