Mazorol v. Coats

Plaintiff brought this action to recover for injuries sustained in an automobile accident with Steven Coats. On defendant’s motion, the trial court dismissed plaintiff’s action, because it concluded that plaintiff had failed to exhaust his remedies under his own uninsured motorist coverage, pursuant to ORS 734.640(1), before pursuing this action against defendant. Plaintiff appeals, and we reverse.

Before this action, defendant’s insurer became insolvent, and the Oregon Insurance Guaranty Association (OIGA) assumed the insurer’s responsibilities pursuant to ORS 734.510 et seq. ORS 734.640(1)…