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Sheptow v. Geico General Ins. Co.

Summarized by: 

Date Filed: 10-12-2011
Case #: A144862
Brewer, C.J. for the Court; Ortega, P.J.; Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A144862.pdf

Insurance Law: Person Injury Protection coverage in an insurance policy applies to any person who uses the insured’s vehicle with consent.

Sheptow was injured in an accident caused by the negligence of another driver while he was driving an automobile belonging to his mother who was the sole named insured. He sought Personal Injury Protection (PIP) coverage, which extends to all persons who use insured’s vehicle with consent. Geico General Insurance Company (Geico) denied the claim because Sheptow was not living with his mother at the time of accident, nor was he a named insured. The trial court concluded that Sheptow was entitled to benefits. Geico appealed, contending that because Sheptow was not living in his mother’s household he was not subject to PIP benefits. The Court of Appeals interpreted the statute in favor of Sheptow; holding that he did not have to be named as an insured in order to be entitled to PIP benefits. Affirmed.