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PEREZ v. STATE FARM MUT. AUTO. INS. CO.

No. 78 11 349; CA 13300.

602 P.2d 284 (1979)

43 Or.App. 19

Casimiro O. PEREZ, Personal Representative of the Estate of Hermelinda Loera, Deceased, Appellant, v. STATE FARM Mutual Automobile Insurance Company, a Corporation, Respondent.

Court of Appeals of Oregon.

Decided November 5, 1979.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause for appellant. With him on the briefs was Grant V. Mumpower, Portland.

Jay D. Enloe, Portland, argued the cause for respondent. With him on the brief was Vergeer, Roehr & Sweek, Portland.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

THORNTON, Judge.

Plaintiff appeals from an order granting summary judgment in favor of defendant insurance company.

The undisputed facts show that plaintiff's decedent was a pedestrian killed instantaneously when struck by a car driven by defendant's insured. Defendant paid funeral expenses but refused to satisfy plaintiff's demand for lost wages allegedly due by reason of a clause in the policy, required by ORS 743...

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