Trout v. Liberty Northwest Insurance

Plaintiff filed a complaint in his own right and as the assignee of defendant’s insured, Charles B. Harris III, dba C.B.H. Company (Harris). He seeks a judgment for $70,000 and a declaration that defendant has waived or is otherwise not entitled to assert a lien for workers’ compensation benefits that defendant paid to plaintiff against plaintiffs recovery from Harris. Defendant counterclaimed for foreclosure of the lien. Plaintiff and defendant filed cross-motions for summary judgment. ORCP 47. The trial court denied plaintiffs motion and granted defendant’s motion. Plaintiff appeals, and we…