FOLES v. UNITED STATES FIDELITY & GUARANTY CO.


486 P.2d 537 (1971)

Dorothy FOLES, Administratrix of the Estate of Jennifer Louise Foles, Deceased, Respondent and Cross-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a Corporation, Appellant and Cross-Respondent.

Supreme Court of Oregon.

Decided June 23, 1971.

Rehearing Denied July 22, 1971.


Attorney(s) appearing for the Case

William L. Hallmark, Portland, argued the cause and filed briefs for appellant and cross-respondent.

William F. Schulte, Portland, argued the cause and filed briefs for respondent and cross-appellant.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.


HOLMAN, Justice.

This was a proceeding for a declaratory judgment brought to determine whether coverage existed for the death of plaintiff's decedent under the uninsured motorist provision of a policy of automobile liability insurance. The complaint also sought, if coverage existed, a determination of the uninsured motorist's liability, if any, to plaintiff. The court, after trying the case without a jury, adjudicated that both coverage and liability existed and that...

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