Garrett v. State Farm Mutual Insurance

Plaintiff brought this declaratory judgment action, claiming that her attorneys are entitled to a share of a personal injury protection (PIP) reimbursement for attorney fees, expenses and costs incurred in recovering a $25,000 settlement. The parties filed cross-motions for summary judgment, and the trial court granted plaintiffs motion. ORCP 47. Defendant appeals, and we reverse.

After plaintiff was injured in an automobile accident, defendant, plaintiffs motor vehicle liability insurer, paid her $10,580.23 in personal injury protection benefits. Defendant notified plaintiff that it would…