PROGRESSIVE CASUALTY CO. v. McMANUS

8306-03519; CA A38591.

732 P.2d 932 (1987)

83 Or.App. 582

PROGRESSIVE CASUALTY COMPANY, a Foreign Corporation, Appellant, v. Bernard McManus, Lynnette Gifford, Respondents, Sue King, Marjorie Grosse, Lorrie J. Wilson, Lynne Arnold, Dorothy Creighton, Nadine Banks, Sharon Hollingbeck, Booker T. Moreland, Defendants.

Court of Appeals of Oregon.

Decided February 11, 1987.


Attorney(s) appearing for the Case

J.P. Harris, II, Salem, argued the cause and filed the briefs for appellant.

Gary L. Vigna, Portland, argued the cause for respondent Lynnette Gifford. With him on the brief was Howe & Harris, Portland.

No appearance for respondent Bernard McManus.

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


WARREN, Judge.

The insurer, Progressive Casualty Co. (Progressive), brought this declaratory judgment action to determine whether a policy issued to its insured, McManus, covers injuries arising from a fire in a motorhome. The trial court granted summary judgment for the insured. We conclude that the fire and resulting injuries are not covered under the policy and remand for entry of a judgment for Progressive.

On August 22, 1982, McManus was a passenger in...

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