Babb v. Mid-Century Insurance

Plaintiff brought this declaratory judgment action to determine her rights under ORS 742.534(1) 1 and an insurance policy issued by defendant. She appeals from a summary judgment for defendant. We affirm.

After plaintiff was injured in an automobile accident, defendant, plaintiffs motor vehicle liability insurer, paid her $5,000 in personal injury protection (PIP) benefits. 2 Defendant then sought reimbursement for that payment from Safeco Insurance Co., the tortfeasor’s insurer. Safeco did not reimburse defendant directly. Instead, because plaintiffs damages exceeded its insured’s liability…