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DAVIS v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

507 P.2d 9 (1973)

Dean DAVIS, by Bessie J. Venator, His Guardian and Litem, Respondent, v. STATE FARM MUTUAL AUTOMOBILE Insurance Company, an Illinois Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Argued and Submitted February 7, 1973.

Attorney(s) appearing for the Case

Frederic P. Roehr, Portland, argued the cause for appellant. With him on the brief were Vergeer, Samuels, Roehr & Sweek, Portland.

Allen T. Murphy, Jr., Portland, argued the cause for respondent. With him on the brief were Green, Richardson, Griswold & Murphy, Portland.

HOLMAN, Justice.

This is an action upon the uninsured motorist provision of an insurance policy. The trial was to the court upon a stipulated set of facts. Defendant appealed from a judgment for plaintiff in the amount of the policy limits, $10,000.

Plaintiff, while a pedestrian, was injured when a third party intentionally operated an automobile into him. No liability coverage was available to the third party because...

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