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ALLSTATE INSURANCE CO. v. KELSEY

No. 82-1176-NJ-2; CA A26785.

678 P.2d 748 (1984)

67 Or.App. 349

ALLSTATE INSURANCE COMPANY, a Corporation, Respondent, v. Gordon KELSEY, Personal Representative of the Estate of Tyler J. Kelsey, Deceased, Appellant, Donna J. Loper, Defendant.

Court of Appeals of Oregon, In Banc.

Decided March 14, 1984.

Resubmitted January 12, 1984.

Review Denied May 22, 1984.

Attorney(s) appearing for the Case

Allen G. Drescher, Ashland, argued the cause and filed the brief for appellant.

Mark S. Wolfe, Medford, argued the cause for respondent. With him on the brief was Frohnmayer, Deatherage, deSchweinitz & Pratt, Medford.

Resubmitted In Banc January 12, 1984.

BUTTLER, Judge.

Defendant Kelsey, as personal representative of Tyler Kelsey, appeals from a declaratory judgment entered pursuant to an order granting plaintiff Allstate Insurance Company's (Allstate) motion for summary judgment. The trial court held that an insurance policy Allstate issued to defendant Loper excludes coverage of a claim for wrongful death of Tyler arising out of Loper's baby-sitting activities. We affirm...

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