Williams v. American States Insurance

Plaintiff has petitioned for reconsideration of our previous decision, in which we held that the trial court should have deducted $8,600, the full amount of his workers’ compensation settlement, from the $14,375 arbitration award on his claim under the uninsured motorist coverage of defendant’s policy. We accordingly reversed the trial court’s judgment and remanded for entry of an amended judgment. Williams v. American States Ins. Co., 163 Or App 179, 986 P2d 1260 (1999). We allow the petition but adhere to our decision for the reasons set forth below.

The primaiy issue litigated both at trial…