Mid-Century Insurance v. Perkins

We consolidate in this opinion our review of two actions for the recovery of underinsured motorist (UIM) insurance benefits. In Mid-Century Ins. Co. v. Perkins, 209 Or App 613, 149 P3d 265 (2006), the Court of Appeals reversed a trial court order allowing the insured to recover UIM benefits. In Phillips v. Safeco Ins. Co. of Oregon, 209 Or App 815, 149 P3d 316 (2006), the Court of Appeals affirmed an order denying recovery of UIM benefits. Both cases center on the interpretation of ORS 742.502(2)(a) in light of this court’s decision in Bergmann v. Hutton, 337 Or 596, 101 P3d 353 (2004). We…