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STATE FARM MUT. AUTO. INS. CO. v. McCORMICK

(98-305; CA A106581)

17 P.3d 1083 (2000)

171 Or. App. 657

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Bonnie McCORMICK and Kirk McCormick, Respondents. Bonnie McCormick, Third-Party Plaintiff, v. Gary Handyside, Third-Party Defendant.

Court of Appeals of Oregon.

Decided December 27, 2000.

Attorney(s) appearing for the Case

Emil R. Berg argued the cause for appellant. With him on the briefs was Yturri Rose LLP.

W. Eugene Hallman, Pendleton, argued the cause and filed the brief for respondents.

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

WOLLHEIM, J.

Plaintiff State Farm Mutual Automobile Insurance Company (State Farm) brought this declaratory judgment action, seeking a determination of its duty to provide underinsured motorist coverage to its insureds, defendants Kirk and Bonnie McCormick, for injuries Bonnie sustained in an automobile accident while riding as a passenger in her daughter Jillian's car. Defendants presented a counterclaim for breach of contract that also raised the issue of coverage...

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