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LEA v. FARMERS INS. CO.

01CV0040; A119351.

96 P.3d 359 (2004)

194 Or.App. 557

Mark William LEA, Respondent, v. FARMERS INSURANCE COMPANY OF OREGON, Appellant.

Court of Appeals of Oregon.

Decided August 11, 2004.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause and filed the briefs for appellant.

K.R. Olin, Brookings, argued the cause for respondent. With him on the brief was Olin & Margolis, P. C.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

Plaintiff sustained injuries in an automobile accident caused by an underinsured motorist. In this action, he sought to recover damages from his own insurer, defendant Farmers Insurance Company of Oregon, according to the underinsured motorist terms of his policy. At the close of plaintiff's case, defendant moved to strike the claim for damages for medical expenses because plaintiff failed to produce any evidence that the expenses were for necessary treatment...

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