ALLSTATE INS. v. AMERICAN STATES INS.

8907-03801; CA A65636.

816 P.2d 709 (1991)

108 Or.App. 617

ALLSTATE INSURANCE CO., a Corporation, Respondent, v. AMERICAN STATES INSURANCE COMPANY, a Corporation, Appellant, and Gene W. Cavenaile and Craig G. Weygandt, Respondents. Gene W. Cavenaile, Third-Party Plaintiff, v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, Third-Party Defendant.

Court of Appeals of Oregon.

Decided September 4, 1991.

Reconsideration Denied November 6, 1991.


Attorney(s) appearing for the Case

Paul L. Roess, Portland, argued the cause for appellant. With him on the brief was Acker, Underwood, Norwood & Hiefield, Portland.

John Paul Graff, Portland, argued the cause for respondent Allstate Ins. Co. With him on the brief was Graff & O'Neil, Portland.

Richard A. Lane, Portland, waived appearance for respondent Gene W. Cavenaile.

No appearance for respondent Craig G. Weygandt.

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


RIGGS, Judge.

Plaintiff Allstate Insurance Co. (Allstate) seeks a declaratory judgment that defendant American States Insurance Co. (American) is liable under the omnibus clause of its automobile insurance policy. The trial court granted Allstate's motion for summary judgment. American appeals, and we affirm.

The material facts are not in dispute. Canby Ford, an automobile dealership and garage, loaned Oathes a used Ford Bronco as a substitute for his car...

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