Perez v. State Farm Mutual Automobile Insurance

Plaintiff appeals from an order granting summary judgment in favor of defendant insurance company.

The undisputed facts show that plaintiff’s decedent was a pedestrian killed instantaneously when struck by a car driven by defendant’s insured. Defendant paid funeral expenses but refused to satisfy plaintiff’s demand for lost wages allegedly due by reason of a clause in the policy, required by ORS 743.800(3) and (4), 1 providing for payment of 70 percent of an injured person’s lost wages during the period of disability stemming from the injury. Plaintiff’s demand was for wages lost over the 52…