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WORKMAN v. VALLEY INS. CO.

95-L-2554-L-2(3); CA A93234.

938 P.2d 219 (1997)

147 Or. App. 667

Robert WORKMAN, Appellant, v. VALLEY INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided April 30, 1997.

Attorney(s) appearing for the Case

Michael Brian, Medford, argued the cause and filed the briefs for appellant.

Joel S. DeVore, Eugene, argued the cause for respondent. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Plaintiff appeals from the entry of summary judgment in favor of defendant automobile insurer in this breach of contract action for nonpayment of underinsured motorist ("UIM") benefits. The trial court determined that plaintiff's alleged noncompliance with the insurance policy's "consent-to-settle" condition precluded UIM coverage and, particularly, that there were no issues of material fact pertaining to the inquiry prescribed in Federated Service...

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