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VIKING INS. CO. v. PEROTTI

86-711-CV; CA A47402.

770 P.2d 930 (1989)

95 Or.App. 621

VIKING INSURANCE COMPANY OF WISCONSIN, a Wisconsin Corporation, Appellant, v. Grant S. PEROTTI and Guy V. Bauwens, Respondents.

Court of Appeals of Oregon.

Decided March 22, 1989.

Reconsideration Denied May 12, 1989.

Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for appellant. With him on the briefs were Louis L. Kurtz, Rodney B. Carter and Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

George W. Kelly, Eugene, argued the cause and filed the brief for respondents.

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

WARREN, Judge.

Plaintiff insurance company seeks a declaratory judgment that the "broad form" automobile liability insurance policy that it issued to defendant Perotti does not require it to defend Perotti against a claim arising out of an accident in which defendant Bauwens was injured. The trial court ruled that the policy must be read to cover the accident as a result of the Financial Responsibility Law, former ORS chapter 486, and that plaintiff had a duty...

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