Wynia v. Fick

Plaintiff appeals from a judgment of dismissal entered pursuant to ORCP 21 AO),1 which provides for dismissal when there is another action pending between the same parties for the same cause. He contends that the trial court erred when it applied the rule against maintaining multiple actions, because the legislature has enacted a statutory exception to that rule that allows an insurer to require its insured to bring a separate action to recover personal injury protection (PIP) benefits that the insurer has paid. We affirm.

Plaintiff was struck and injured by a car driven by defendant.…