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LUSCH v. AETNA CASUALTY & SURETY COMPANY

538 P.2d 902 (1975)

Roy W. LUSCH, Appellant, v. The AETNA CASUALTY & SURETY COMPANY, a Foreign Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 7, 1975.

Attorney(s) appearing for the Case

David C. Landis, Portland, argued the cause for appellant. With him on the briefs were Gearin, Cheney, Landis, Aebi & Kelley, Fred M. Aebi and Jeffrey M. Batchelor, Portland.

Carrell F. Bradley, Hillsboro, argued the cause and filed a brief for respondent.

DENECKE, Justice.

The notice of accident provision in an automobile liability policy is the basis of this appeal.

The plaintiff brought a declaratory judgment proceeding seeking a declaration of entitlement to coverage under the insurance policy issued by defendant, Aetna Casualty & Surety Company. The jury found for Aetna and the plaintiff appeals.

The plaintiff was the named insured in a policy issued by Aetna. On December 8, 1972, the plaintiff...

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