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IVANOV v. FARMERS INS. CO.

(CC 9910-10826; CA A123043; SC S054199).

185 P.3d 417 (2008)

344 Or. 421

Kiril IVANOV, Nicole Busse, Tricia Kerns, Teresa Chun, fka Teresa Roelfs, and Michael Shawn-Chun, fka Michael Shawn, Petitioners on Review, and Richard Tyler and Natalya Gladysh, Plaintiffs, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation; Farmers Group, Inc., a foreign corporation; Farmers Insurance Exchange, a foreign corporation; Mid-Century Insurance Company, a foreign corporation, Truck Insurance Exchange, a foreign corporation, and any Farmers Company whose name will subsequently be identified that should be made a Defendant in this case in order that complete relief can be granted to Plaintiffs and to the class, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided May 8, 2008.

Attorney(s) appearing for the Case

Phil Goldsmith, Law Office of Phil Goldsmith, Portland, argued the cause for petitioners on review. With him on the briefs were Thomas D'Amore, D'Amore & Associates, PC, Gatti Gatti, Maier, Krueger, Sayer & Assoc., and Nelson & MacNeil.

James N. Westwood, Stoel Rives LLP, Portland, argued the cause for respondent on review. With him on the briefs were Robin Beck Skarstad, Michael D. Hoffman, and Mark Elgin Olmstead.

Meagan A. Flynn, Portland, submitted a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Richard S. Yugler and David N. Goulder, Landye Bennett Blumstein LLP, Portland, submitted a brief on behalf of amicus curiae Strawn.

DE MUNIZ, C.J.

This case involves Oregon's Personal Injury Protection (PIP) statutes, ORS 742.518 to 742.540. Plaintiffs initiated this case by filing what they initially styled as a class action against defendant insurance companies (Farmers), seeking payment of PIP-related medical expenses that Farmers had denied. Plaintiffs also sought a declaratory judgment holding that "Farmers may not deny [PIP] benefits to its insureds solely on the basis of generalized criteria...

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