Koenig v. State Farm Mutual Automobile Ins. Co.

An award of economic damages including damages paid by PIP in an undetermined amount does not prevent a PIP offset in a UIM claim. Wade v. Mahler, 167 Or App 350, 355-58, 1 P3d 485, rev den, 331 Or 334 (2000).

Koenig appealed a judgment on her UIM claim against State Farm and argued that the trial court erred by excluding evidence of State Farm’s payment of PIP benefits for purposes of the damages calculation. State Farm argued that PIP payments may be used to offset damages in a UIM claim. An award of economic damages including damages paid by PIP in an undetermined amount does not prevent a PIP offset in a UIM claim. Wade v. Mahler, 167 Or App 350, 355-58, 1 P3d 485, rev den, 331 Or 334 (2000). The Court held that the trial court correctly excluded evidence of State Farm’s PIP payments to Koenig because Koenig’s ability to resist a PIP offset was fully within her control. Koenig chose to include PIP benefits amongst her damages and the trial court invited Koenig to allege and prove total damages, however, Koenig denied to do so. Affirmed.