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PREVOSKY v. FIREMAN'S FUND INSURANCE COMPANY

499 P.2d 339 (1972)

Joe E. PREVOSKY, Appellant, v. FIREMAN's FUND INSURANCE COMPANY, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 13, 1972.

Attorney(s) appearing for the Case

Lawrence O. Gildea, Eugene, argued the cause for appellant. With him on the briefs were Gildea, Speer & McGavic, P.C. and Stephen R. Blixseth, Eugene.

Jack L. Mattison, Eugene, argued the cause for respondent. With him on the brief were Jaqua, Wheatley & Gardner, Eugene.

TONGUE, Justice.

This is an action on an automobile casualty insurance policy to recover $1,000 in medical expenses allegedly incurred as the result of injuries sustained by plaintiff's stepdaughter, a member of his family, while riding in an automobile owned by a third party. Defendant demurred to the complaint on the ground that plaintiff did not have the legal capacity to sue because he was not the real party in interest, in reliance upon ORS 16.260(2) and 13.030...

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