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STATE FARM AND CASUALTY CO. v. JONES

TC No. CV-85-959; CA A38727; SC S34407.

759 P.2d 271 (1988)

306 Or. 415

STATE FARM Fire AND CASUALTY Company, Respondent On Review, v. Linda R. JONES, Petitioner On Review, and Randall Frank, Defendant.

Supreme Court of Oregon, In Banc.

Decided August 16, 1988.

Attorney(s) appearing for the Case

Robert J. Vanden Bos, Portland, argued the cause and filed a memorandum of additional authorities for petitioner on review. With him on the petition for review was Ann K. McNamara, Portland.

W. Eugene Hallman, Pendleton, argued the cause for respondent on review. With him on the response and memorandum of additional authorities were Joel DeVore, and Mautz, Hallman & DeVore, Pendleton.

CARSON, Justice.

Plaintiff insurer began this declaratory judgment proceeding to determine its liability under an automobile liability policy issued to defendant insured. Plaintiff contends that the policy does not cover the bodily injuries sustained by defendant.

Defendant sustained the bodily injuries while riding as a passenger in her automobile. The driver, Frank, was operating the automobile with defendant's permission. Defendant brought a negligence...

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