BYRNS v. ALLSTATE INSURANCE COMPANY


498 P.2d 762 (1972)

Mabel M. BYRNS, As Guardian of the Estate of Harry Shane Byrns, a Minor, Appellant, v. ALLSTATE INSURANCE COMPANY, a Corporation, et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided June 22, 1972.


Attorney(s) appearing for the Case

E.R. Bashaw, Medford, argued the cause and filed briefs for appellant.

Wm. V. Deatherage, Medford, argued the cause for respondent Allstate Insurance Co. On the brief were Frohnmayer & Deatherage, Medford.


HOLMAN, Justice.

Plaintiff, a minor, was injured while he was a passenger in an automobile owned and operated by Jess Netherland when it was involved in an accident with a car negligently driven by an uninsured motorist. Netherland was killed, and several other passengers in the vehicle were seriously injured.

At the time of the accident, defendant insurer had in effect identical policies of automobile insurance which it had issued to Netherland and to plaintiff...

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