California Casualty Indemnity v. Federated Mutual, 251 OrApp 371 (2012)

Holding:   Arbitration is the sole avenue for resolving any inter-insurer reimbursement matters involving PIP benefits.

1)    “When construing a statute we examine the text of a statute in context, along with any relevant legislative history, to discern the legislature’s intent.” citing State v. Gaines. at p. 374.

2)    The legislative commentary on PIP benefits is an important part of the legislative history. at p. 377.

3)    “There is no indication in the text, context, or legislative history * * * that the legislature intended to devise an inter-insurer reimbursement scheme where some disputes would be subject to mandatory arbitration, and others, by implied omission, could be litigated in a circuit court action.” at p. 377.

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