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VIKING INS. OF WISCONSIN v. POPKEN

88-329 CV; CA A62122.

795 P.2d 1091 (1990)

102 Or.App. 660

VIKING INSURANCE OF WISCONSIN, a Foreign Corporation, Appellant, v. Donna May POPKEN, Personal Representative of the Estate of James Leonard Popken; Nicholas H. Coleman; and Adam John Coleman, Respondents.

Court of Appeals of Oregon.

Decided August 1, 1990.

Reconsideration Denied October 3, 1990.

Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for appellant. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Blair M. Henderson, Klamath Falls, argued the cause for respondents. With him on the brief was Henderson, Molatore & Klein, Klamath Falls.

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

WARREN, Judge.

Viking Insurance of Wisconsin (plaintiff) brought this action for declaratory relief, seeking a determination of its maximum liability under its insurance contract with Nicholas Coleman. The insurance contract provides for bodily injury liability limits of $25,000 for each person and $50,000 per occurrence. Coleman was a driver in a car accident in which James Popken was killed.1

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