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AETNA LIFE AND CASUALTY v. ASHE

A8401-00032; CA A37074.

745 P.2d 800 (1987)

88 Or.App. 391

AETNA LIFE AND CASUALTY Company, Respondent, v. Vincent J. ASHE and Belinda Ashe, Defendants, and the Estate of Michelle Bryden, Steven Bryden and Teresa Bryden, Appellants.

Court of Appeals of Oregon.

Decided November 25, 1987.

Reconsideration Denied January 8, 1988.

Attorney(s) appearing for the Case

John L. Langslet, Portland, argued the cause for appellants. With him on the briefs was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

George W. McKallip, Jr., Portland, argued the cause for respondent. With him on the brief was Kennedy, King & Zimmer, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Aetna Life and Casualty Company (Aetna) brought this action for declaratory relief against its insureds, Vincent and Belinda Ashes and against the estate of Michelle Bryden and Steven Bryden and Teresa Bryden, who have made a claim against the Ashes arising out of the death of Michelle, the Bryden's child, while Belinda was baby-sitting her. It sought a declaration that the claim is not covered under the homeowner's policy which it issued...

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