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SAFECO INS. CO. v. LASKEY

(16-97-09054; CA A101540).

985 P.2d 878 (1999)

162 Or. App. 1

SAFECO INSURANCE COMPANY OF ILLINOIS, a foreign corporation, Respondent, v. Jeanette LASKEY, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1999.

Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for appellant. With him on the briefs were Luvaas, Cobb, Richards & Fraser, P.C., and Robert A. Miller.

Brian R. Talcott, Portland, argued the cause for respondent. With him on the brief were Thomas H. Tongue and Dunn, Carney, Allen, Higgins & Tongue.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

HASELTON, J.

Defendant, Laskey ("insured"), appeals from the trial court's judgment in favor of her insurer, Safeco of Illinois (Safeco), on cross-motions for summary judgment, declaring that insured was not entitled to recover underinsured motorist (UIM) benefits from Safeco for damages sustained in an auto accident, and dismissing her counterclaims. The trial court concluded that insured was precluded from litigating liability for the underlying accident because...

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