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MORESI v. NATIONWIDE MUTUAL

TC 87-189 CV; CA A48571; SC S36179.

789 P.2d 667 (1990)

309 Or. 619

Magdalena MORESI, Respondent On Review, v. NATIONWIDE MUTUAL, Petitioner On Review.

Supreme Court of Oregon.

Decided April 3, 1990.

Attorney(s) appearing for the Case

Hugh B. Collins, Medford, argued the cause and filed the petition for petitioner on review.

George W. Kelly, Eugene, argued the cause for the respondent on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

VAN HOOMISSEN, Justice.

Magdalena Moresi's family vehicles were insured by Nationwide Mutual. The policy contained an uninsured motorist (UM) provision which provided:

"If [Nationwide] and the insured do not agree about the insured's right to recover damages or the amount of damages, the following arbitration procedure will be used: after written demand for arbitration by either party, each party will select a competent and disinterested arbitrator. The two...

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