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WALLER v. ROCKY MOUNTAIN FIRE AND CASUALTY CO.

535 P.2d 530 (1975)

H.E. WALLER, Individually, and H.E. Waller, As Personal Representative of the Estate of Jerry R. Waller, Deceased, Appellant, v. ROCKY MOUNTAIN FIRE AND CASUALTY COMPANY, a Washington Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 15, 1975.

Attorney(s) appearing for the Case

Elton T. Lafky, Salem, argued the cause for appellant. With him on the briefs were Lafky & MacDonald, Salem.

Edward H. Warren, Portland, argued the cause for respondent. With him on the briefs were Hershiser, Mitchell & Warren, Portland.

DENECKE, Justice.

While riding on a motorcycle Jerry Waller was killed by an uninsured motorist. The defendant insurer had issued an automobile liability insurance policy to the plaintiff, H.E. Waller, who is the personal representative and the father of Jerry Waller. Plaintiff contends his son was covered under the uninsured motorist provision of defendant's policy and that he is entitled to recover benefits on behalf of his son. The trial court, sitting without...

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