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LEE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

507 P.2d 6 (1973)

Lorna LEE, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant.

Supreme Court of Oregon.

Decided March 1, 1973.

Attorney(s) appearing for the Case

Frederic P. Roehr, of Vergeer, Samuels, Roehr & Sweek, Portland, argued the cause and filed a brief for appellant.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Donald R. Wilson, and Pozzi, Wilson & Atchison.

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

McALLISTER, Justice.

This is not a suit in equity as it is described by the parties, but a declaratory judgment proceeding to decide the rights of the plaintiff Lorna Lee as the insured under a policy of liability insurance issued to her by the defendant State Farm Mutual Automobile Insurance Co. We have uniformly held that such a proceeding is in the nature of an action at law and governed by the same rules.1

However, since the...

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