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WESTERN FIRE INS. CO. v. WALLIS

No. A7706-07917; CA 12981; SC 26668.

613 P.2d 36 (1980)

289 Or. 303

WESTERN FIRE INSURANCE COMPANY, a Corporation, Respondent, v. Robert S. WALLIS, Guardian of the Estate of Tara L. Wallis, a Minor, Sherry S. Wallis and Wendy E. Wallis, and Robert S. Wallis, Administrator of the Estate of Rachelle Gerhold, Petitioners.

Supreme Court of Oregon.

Decided June 24, 1980.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for petitioners. On the brief were Raymond J. Conboy, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Edward H. Warren, Portland, argued the cause for respondent. On the briefs were Edward H. Warren, Timothy N. Brittle, and Acker, Underwood, Beers, Smith & Warren, Portland.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, PETERSON and TANZER, JJ.

PETERSON, Justice.

The issue in this case is whether the no-fault personal injury protection coverage (PIP coverage) of a motor vehicle insurance policy includes loss of income benefits to the survivors of a person who was killed while driving an automobile covered by the policy. The insurer sought a declaratory judgment to resolve the disputed issue of coverage. On motions for summary judgment filed by both parties, the trial court ruled that defendants were entitled...

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