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MID-CENTURY INS. CO. v. UTAH HOME FIRE INS.

No. 203-430; CA A21912.

648 P.2d 68 (1982)

58 Or.App. 210

MID-CENTURY INSURANCE COMPANY, a California Corporation, Respondent, v. UTAH HOME FIRE INSURANCE COMPANY, a Utah Corporation, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1982.

Attorney(s) appearing for the Case

Randall B. Kester, Portland, argued the cause for appellant. With him on the briefs were Samuel C. Justice, James H. Gidley, and Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Margaret H. Leek Leiberan, Portland, argued the cause for respondent. With her on the brief were Lang & Smith, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant Utah Home Fire Insurance Company (Utah) appeals from a trial court order granting plaintiff Mid-Century Insurance Company's (Mid-Century) motion for summary judgment. The issue is whether Mid-Century's insured was covered by the personal injury protection (PIP) provisions of a motor vehicle liability policy issued by Utah. We conclude that he was not and therefore reverse and remand.

The evidence shows that Utah issued a motor...

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