HURST v. MUTUAL OF ENUMCLAW

91-CV-0110-MS; CA A71664.

838 P.2d 618 (1992)

115 Or. App. 314

Audry J. HURST, Appellant, v. MUTUAL OF ENUMCLAW, Respondent.

Court of Appeals of Oregon.

Decided September 30, 1992.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause for appellant. With him on the briefs was Roy Dwyer, Bend.

G. Kenneth Shiroishi, Portland, argued the cause for respondent. With him on the brief were Bryan W. Gruetter and Dunn, Carney, Allen, Higgins & Tongue, Bend.

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


WARREN, Presiding Judge.

Plaintiff brought this action for a declaratory judgment against her automobile insurer for underinsured motorist coverage. Both parties moved for summary judgment. The court ruled for defendant, holding that plaintiff was not entitled to any relief under the policy, because she had settled the underlying claim without defendant's prior written approval. Plaintiff appeals, and we reverse.

Plaintiff's insurance policy with defendant...

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