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PROGRESSIVE CASUALTY INS. CO. v. MARCA

88CV0218; 87CV1138, CA A49505 (control); CA A50401.

783 P.2d 19 (1989)

PROGRESSIVE CASUALTY INSURANCE CO., Respondent, v. Raymond D. MARCA, Defendant, and Sandra Smisek, As Personal Representative of the Estate of Kevan R. Robbins, Appellant. Sandra Denise Smisek, As Personal Representative of the Estate of Kevan R. Robbins, Appellant, v. Raymond D. Marca, Respondent.

Court of Appeals of Oregon.

Decided November 29, 1989.

Attorney(s) appearing for the Case

James C. Coffey, North Bend, argued the cause for appellant. With him on the briefs was Hayner, Stebbins & Coffey, North Bend.

Michael A. Lehner, Portland, argued the cause for respondent Progressive Cas. Ins. Co. With him on the brief was Lehner & Mitchell, Portland.

Gig Wyatt, Salem, argued the cause for respondent Marca. On the brief was J.P. Harris, II, Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

GRABER, Presiding Judge.

These consolidated cases arise from the death of Kevan Robbins. The personal representative of Robbins' estate (the estate) claims damages for wrongful death from Marca, Robbins' employer. Progressive Casualty Insurance Co. (Progressive), Marca's liability insurer, seeks a declaratory judgment that Robbins' fatal injuries occurred in the course of his employment and were, therefore, excluded from coverage under its policy.

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