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McGRAW v. GWINNER

578 P.2d 1250 (1978)

282 Or. 393

Michael A. McGraw, Appellant, v. Donald GWINNER and Reliance Insurance Company, Defendants, Oregon Insurance Guaranty Association, Respondent.

Supreme Court of Oregon, Department 1.

Argued and Submitted March 7, 1978.

Attorney(s) appearing for the Case

Karen C. Allan, Medford, argued the cause for appellant. On the brief was James L. Sutherland, of Frohnmayer & Deatherage, Medford.

Austin W. Crowe, Jr., Portland, argued the cause for respondent. With him on the brief were Cosgrave & Kester, Portland.

Before DENECKE, C.J., HOLMAN and LENT, JJ., and THORNTON, J. Pro Tem.

DENECKE, Chief Justice.

The plaintiff allegedly negligently injured the defendant Gwinner. Gwinner sued plaintiff. Plaintiff's insurer became insolvent and the defendant Oregon Insurance Guaranty Association (OIGA) became plaintiff's insurer by operation of statute. ORS 734.570.1 OIGA refused to defend plaintiff in the action brought by Gwinner.2

Plaintiff filed this declaratory judgment action seeking...

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