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MACKIE v. UNIGARD INSURANCE CO.

A8604-02342; CA A44237.

752 P.2d 1266 (1988)

90 Or.App. 500

Allison MACKIE and Fireman's Fund Insurance Company, an Insurance Corporation, Appellants, v. UNIGARD INSURANCE COMPANY, an Insurance Corporation, Respondent.

Court of Appeals of Oregon.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Jan K. Kitchel, Portland, argued the cause for appellants. On the briefs were Cecilia Lee and Schwabe, Williamson & Wyatt, Portland.

Michael A. Lehner, Portland, argued the cause for respondent. With him on the brief was Bottini, Bottini & Lehner, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

WARDEN, Presiding Judge.

Plaintiffs Mackie and Fireman's Fund Insurance Company (Fireman's Fund) appeal from a summary judgment in favor of defendant Unigard Insurance Company (Unigard) which dismissed their complaint seeking a declaratory judgment that Mackie's injuries were covered under Unigard's uninsured motorist policy. They contend that the trial court erred in holding that Mackie was occupying her car when she was struck by an uninsured motorist. We affirm...

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