31 Trial Lawyer • Fall 2022 1 ORS 742.544. 2 Id. at (1)(b). 3 Self-insured ERISA plans require a different analysis. 4 OTLA had a big role in fighting for consumers to undo what was previously a “made half,” rule. An insurance company could be reimbursed to the extent that the total amount of benefits paid exceeded the economic damages. This could not have been achieved without Guardian dollars. Call your OTLA staff and become a Guardian today. 5 ORS 742.544(2). 6 Id. at (2)(a). 7 Id. at (2)(c). 8 Id. at (2)(b). 9 Wright v. SAIF, 289 Or 323, 613 P2d 755 (1980). 10 Id. 11 When I get another bicycle or pedestrian case that could put some of this idea in play, I’ll be getting a smart appellate lawyer on the case from the get-go. 12 Notably, a policy limits settlement does not create a presumption of made whole in Washington. See, Liberty Mut. Ins. Co. v. Tripp, 144 Wash.2d 1, 22, 25 P.3d 997 (2001). 13 91Wn.2d 215, 219, 588 P.2d 191 (1978). See, also Daniels v. State Farm Mut. Auto. Ins. Co., 193 Wash.2d 563, 576, 444 P.3d 582 (2019) ("[w]hether in the context of a reimbursement request, offset, or direct subrogation action … insured must be made whole for their entire loss before an insurer may offset or recover its own payments"). 14 160 Wn.2d 611, 160 P.3d 31 (2007). 15 This is a simplification of the holding in Sherry, but we only have so much space. 16 95 Wn.App. 254, 976 P.2d 632 (1999). 17 151 Wn.App. 195, 211 P.3d 430 (2009). 18 135 Wn.2d 398, 957 P.2d 632, 966 P.2d 305 (1998). Mahler is another case to know for how to figure out costs and fees when the PIP carrier or health insurer asks us to collect its reimbursement. 19 193 Wn.2d 841, 447 P.3d 139 (2019).
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