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MORESI v. NATIONWIDE MUTUAL

87-189-CV; CA A48571.

771 P.2d 301 (1989)

96 Or.App. 61

Magdalena MORESI, Appellant, v. NATIONWIDE MUTUAL, Respondent.

Court of Appeals of Oregon.

Decided April 5, 1989.

Reconsideration Denied May 26, 1989.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and submitted the brief for appellant.

Hugh Collins, Medford, argued the cause and submitted the brief for respondent.

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

ROSSMAN, Judge.

Appellant appeals from a judgment holding that she is not entitled to arbitration. We reverse.

On June 28, 1985, appellant was injured in an automobile accident involving an uninsured motorist. At that time, her vehicle was covered by a policy issued by respondent that provided, in part:

"If [respondent] and the insured do not agree about the insured's right to recover damages or the amount of damages, the following arbitration procedure...

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