California Casualty Indemnity Exchange v. Federated Mutual Insurance

This is an action based on ORS 742.534, whereby plaintiff, an insurer that paid personal injury protection (PIP) benefits to its insured, seeks reimbursement for those payments from defendant, an insurer that provided motor vehicle liability coverage for the driver who negligently injured plaintiff’s insured. Plaintiff appeals and defendant cross-appeals a judgment dismissing the action that the trial court entered after granting summary judgment for defendant on the ground that the parties’ dispute was subject to interinsurer arbitration under ORS 742.534(3). We affirm on appeal and dismiss…