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DeSTEFANO v. OREGON MUT. INS. CO.

No. 880085-CA.

762 P.2d 1123 (1988)

Paul David DeSTEFANO, Plaintiff and Respondent, v. OREGON MUTUAL INSURANCE COMPANY and Mid-Century Insurance Exchange, Defendants and Appellant.

Court of Appeals of Utah.

October 20, 1988.

Attorney(s) appearing for the Case

Donald J. Purser (argued), J. Angus Edwards, Salt Lake City, for defendants and appellants.

H. Ralph Klemm (argued), Salt Lake City, for plaintiff and respondent.

Don J. Hanson, Salt Lake City, for Mid Century Ins.

Before DAVIDSON, BENCH and GREENWOOD, JJ.

OPINION

BENCH, Judge:

Defendant appeals from a trial court's order of summary judgment entered in favor of plaintiff in a declaratory action on an insurance policy. Two issues are raised on appeal. First, did issues of fact preclude entry of summary judgment? Second, did plaintiff "occupy" the insured vehicle at the time of the accident within the meaning of Oregon law? We affirm.

Defendant Oregon Mutual Insurance Company (Oregon Mutual), an Oregon...

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