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COLLINS v. FARMERS INS. CO.

CC A8712-07559; CA A51200; SC S37212.

822 P.2d 1146 (1991)

312 Or. 337

Stephen N. COLLINS, Respondent On Review, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon Corporation, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Reassigned August 15, 1991.

Decided December 12, 1991.

Attorney(s) appearing for the Case

William G. Earle, of Hallmark, Keating & Abbott, P.C., Portland, argued the cause and filed the petition for petitioner on review.

Robert K. Udziela, of Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, argued the cause for respondent on review. With him on the response to the petition was Robert J. Neuberger, Portland.

PETERSON, Justice.

This declaratory judgment proceeding concerns the amount of liability insurance available under the defendant's motor vehicle liability insurance policy. The plaintiff asserts that because an exclusion in the defendant's policy is "illegal," the exclusion must be disregarded, as a result of which $100,000 of insurance coverage is available. The defendant asserts that the exclusion is unenforceable only to the extent of the $25,000 mandated by the...

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