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BURNETT v. WESTERN PACIFIC INSURANCE COMPANY

469 P.2d 602 (1970)

Bernice BURNETT, Administratrix of the Estate of Francis E. Burnett, Deceased, and Hartford Accident and Indemnity Company, a Corporation, Respondents, v. WESTERN PACIFIC INSURANCE COMPANY, a Corporation, Appellant and Cross-Respondent, and Donald M. McCormick, Administrator with Will Annexed of the Estate of Harold M. Anderson, Deceased, Respondent and Cross-Appellant.

Supreme Court of Oregon, In Banc.

Decided May 20, 1970.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant and cross-respondent. With him on the briefs were Frederic P. Roehr and Vergeer, Samuels, Roehr & Sweek, Portland.

John J. Haugh, Portland, argued the cause for respondent and cross-appellant. With him on the brief were Pozzi, Wilson & Atchison, Portland.

Edwin J. Peterson, Portland, argued the cause for respondents. With him on the brief were Tooze, Powers, Kerr, Tooze & Peterson, Portland.

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

HOLMAN, Justice.

Hartford and Burnett's Estate brought a declaratory judgment proceeding, naming as defendants Western Pacific and Anderson's Estate. The principal issues sought to be determined were the obligations of Western Pacific under a policy of liability insurance.

This somewhat complicated litigation had its genesis in an automobile accident. Burnett was driving an automobile in which Anderson was riding. A single vehicle accident occurred in which...

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