Perez v. State Farm Mutual Automobile Insurance

The sole issue in this case is whether the no-fault personal injury protection coverage in a motor vehicle insurance policy written to meet the requirements of ORS 743.800 includes loss of income benefits to the personal representative of a covered person who was killed in an accident. The trial court held that no such benefits were payable and entered summary judgment for the defendant. The Court of Appeals affirmed, 43 Or App 19, 602 P2d 284 (1979), and we granted the claimant’s petition for review.

Plaintiff’s decedent was a pedestrian who was killed instantly when hit by a car driven by…