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COPE v. WEST AMERICAN INS. CO.

86-356 CV; CA A45475; SC S36012.

785 P.2d 1050 (1990)

309 Or. 232

Georgia COPE, Respondent On Review, v. WEST AMERICAN INSURANCE CO. OF THE OHIO CASUALTY GROUP, an Ohio Corporation, Hurley-Henderson Insurance, Inc., Formerly Known As Driscoll, Padgett & Hurley, Petitioners On Review. West American Insurance Co. of the Ohio Casualty Group, an Ohio Corporation, Third-Party Plaintiff, v. Hurley-Henderson, Inc., an Oregon Corporation, Dba Hurley-Henderson Insurance, Inc., Formerly Known As Driscoll, Padgett & Hurley, Third-Party Defendant.

Supreme Court of Oregon, In Banc.

Decided January 25, 1990.

Attorney(s) appearing for the Case

Timothy C. Gerking, Medford, argued the cause, for petitioner on review, West American Ins. Co. of Ohio Cas. Group. Christopher A. Ledwidge, Medford, argued the cause, for petitioner on review, Hurley-Henderson Ins., Inc. The petition for review and additional memorandum were jointly filed and included Brophy, Wilson, Duhaime, Mills, Schmor & Gerking, Medford, and Frohnmayer, Deatherage, deSchweinitz, Pratt & Jamieson, Medford.

George W. Kelly, Eugene, filed a response and argued the cause, for respondent on review Cope.

CARSON, Justice.

This declaratory judgment action involves an automobile insurance policy coverage dispute between plaintiff-insured and defendants-insurers. The pivotal issue is whether an injury received by an employee who had parked her automobile in her employer's parking lot and was walking to work is a work-related injury compensable under workers' compensation law.

Plaintiff was employed by the Modoc Lumber Company in Klamath Falls. As a Modoc employee...

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