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JOSEPH v. UTAH HOME FIRE INS. CO.

CC 88-12-06794; CA A61888; SC S38190.

835 P.2d 885 (1992)

313 Or. 323

Bruce W. JOSEPH, individually and as guardian ad litem for Tanisha Nash, Petitioner on Review, v. UTAH HOME FIRE INSURANCE COMPANY, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided June 18, 1992.

Attorney(s) appearing for the Case

Mary Ellen Page Farr, of Kell, Alterman & Runstein, Portland, argued the cause and filed the petition for petitioner on review.

Jeffrey D. Eberhard, of Smith, Freed, Heald & Chock, P.C., Portland, argued the cause and filed the responses to the petition for respondent on review. With him on the responses was M. Robert F. Smith.

Phil Goldsmith and Dean Heiling, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Assn.

Melinda S. Eden, Portland, and D. Dennis Waldrop, Eugene, filed a brief on behalf of amicus curiae Oregon Lawyers for Children.

GRABER, Justice.

The issue in this case is whether a child reared by plaintiff as his own child, although not related to him by blood, marriage, or formal adoption, is entitled to coverage under plaintiff's automobile insurance policy. Plaintiff sought a declaratory judgment that the policy covers the child. The trial court held that the policy does not cover the child, and the Court of Appeals affirmed. Joseph v. Utah Home Fire Ins. Co.,

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