Staiger v. Burkhart

The issue is whether a motor vehicle liability insurer is entitled to an offset against its liability policy limits for the sum it has paid to an injured person as personal injury protection (PIP) benefits. We hold that the insurer is not entitled to the offset.

Plaintiffs 2 were passengers in a motor vehicle operated by defendant Lisa Burkhart in 1980. The vehicle was involved in a collision with another vehicle, and plaintiffs thereby sustained bodily injuries. Plaintiffs brought action against defendants Burkhart and others for damages for their bodily injuries.

Defendant Oregon Mutual…