Edwards v. Bonneville Automobile Insurance

The issue is whether, because of a provision in the policy, 1 the defendant 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. 2 The provision is:

“Any payments made by the Company under this insurance either as benefits to or on behalf of injured person or as reimbursement, pursuant to ORS 743.800 to 743.835 inclusive, to any other insurer or organization for such benefits paid by it shall be applied in reduction of the amount of damages which, because of bodily…