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FARMERS INS. CO. v. OWNBY

No. 76-776-E-1; CA 11045; No. 76-777-E-3; CA 11046.

594 P.2d 834 (1979)

40 Or.App. 15

FARMERS INSURANCE COMPANY OF OREGON, an Oregon Corporation, Appellant, v. Griffin E. OWNBY, Argonaut Insurance Company, Respondents.

Court of Appeals of Oregon.

Decided May 7, 1979.

Attorney(s) appearing for the Case

Thomas D. Melum, Medford, argued the cause for appellant. With him on the brief was Frohnmayer, Deatherage, Foster & Purdy, Medford.

Robert H. Grant, Medford, argued the cause for respondent Griffin E. Ownby. With him on the brief was Grant, Ferguson & Carter, Medford.

Hugh B. Collins, Medford, argued the cause for respondent Argonaut Ins. Co. With him on the brief was Collins, Velure & Heysell, Medford.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

TANZER, Judge.

In November of 1974, Robert Ownby, the driver of a car, and his passenger, Griffin Ownby, were injured in a single-car accident in California. Each received personal injury protection payments from Farmers Insurance Company (Farmers), Robert Ownby's insurer. In February of 1975, the Ownbys became aware of their right to workmen's compensation benefits for lost wages and filed claims in California. While the Ownbys' claims were pending, Farmers attempted...

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