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SPARLING v. ALLSTATE INSURANCE COMPANY

439 P.2d 616 (1968)

Bernice M. SPARLING, Executrix of the Estate of George G. Sparling, Deceased, Respondent, v. ALLSTATE INSURANCE COMPANY, a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 10, 1968.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Wayne Hilliard, McColloch, Dezendorf & Spears, Portland.

Francis E. Marsh, McMinnville, argued the cause for respondent. With him on the brief were Marsh, Marsh, Dashney & Cushing, McMinnville.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

HOLMAN, Justice.

This is a declaratory judgment proceeding seeking a construction of the uninsured motorist coverage of a policy of automobile liability insurance.

Plaintiff's decedent met his death by the negligence of an uninsured motorist while he was the occupant of a vehicle owned by the State of Oregon. At the time of his death the state was the named insured of a policy of liability insurance issued by Continental Casualty Company. The policy contained...

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