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SOUTHWESTERN INSURANCE COMPANY v. WINN

548 P.2d 1311 (1976)

SOUTHWESTERN INSURANCE COMPANY, an Oklahoma Corporation, Appellant, v. Douglas M. WINN, Respondent.

Supreme Court of Oregon.

Decided April 22, 1976.

Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Keith R. Swensen, Portland, argued the cause for respondent. With him on the brief was Thomas K. Thorpe, Portland.

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

McALLISTER, Justice.

The plaintiff, Southwestern Insurance Company, brought this action for declaratory relief seeking a judgment that it was not obligated to provide personal injury protection benefits to its insured, the defendant Douglas Winn.

The case was tried to the court which said that there was no dispute about the facts, which it found as follows:

"1. The defendant is the named insured of an auto liability policy issued by plaintiff. This...

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