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AVEMCO INS. CO. v. HILL

A8109-05615; CA A31602.

708 P.2d 640 (1985)

76 Or.App. 185

AVEMCO INSURANCE COMPANY, Appellant, v. James V. HILL, Personal Representative of the Estate of Dwight Stewart Wendell Phelps, Deceased; and Bonnie B. Skokan, Personal Representative of the Estates of David Roy Skokan and Christopher Jon O'Rourke, Deceased, Respondents.

Court of Appeals of Oregon, En Banc.

Decided October 30, 1985.

Attorney(s) appearing for the Case

Jonathan M. Hoffman, Portland, argued the cause for appellant. With him on briefs were Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

Charles J. Merten, Portland, argued the cause for respondent Skokan. With him on brief were Richard S. Yugler and Merten & Fink, Portland.

Donald P. Richards of Burda & Richards, Wilsonville, waived appearance for respondent Hill.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Phelps was a renter pilot of an aircraft that crashed, killing him and his two passengers. Plaintiff, Avemco Insurance Company, brought this action against the personal representatives of the deceased's estate for a declaratory judgment to determine whether, under its policy issued to the aircraft's owners, it must defend against the passengers' wrongful death action against the pilot's estate.1 Plaintiff appeals from a...

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