FARMERS INS. CO. v. STOCKTON

16-89-07051; CA A66326.

827 P.2d 938 (1992)

112 Or.App. 120

FARMERS INSURANCE COMPANY OF OREGON, an Oregon Corporation, Respondent, v. Bobby James STOCKTON, Helen M. Wells, Dan E. Wells, Michael E. Wells, James Daniels, Personal Representative for the Estate of Steven Leslie Daniels, Deceased, Denise Susan Rose, Richard Michael Hibbert, Mary Ann Sulick, Lanette Marie Willyard, Defendants, and Jane Krimmel, As Guardian Ad Litem for Dawna K. Van Tryfle, Appellant.

Court of Appeals of Oregon.

Decided March 11, 1992.


Attorney(s) appearing for the Case

Leslie M. Swanson, Jr., Eugene, argued the cause for appellant. With him on the briefs were Suzanne B. Chanti and Swanson & Walters, P.C., Eugene.

Joel S. DeVore, Eugene, argued the cause for respondent. With him on the brief were John Luvaas and Luvaas, Cobb, Richards & Fraser, Eugene.

Before RICHARDSON, P.J., and EDMONDS and DE MUNIZ, JJ.


DE MUNIZ, Judge.

Defendant, guardian ad litem of an accident victim, appeals from a declaratory judgment for plaintiff. The issue is whether default judgments against the named insured and the automobile driver bar the accident victim from litigating the issue of whether the driver was covered under the named insureds' policy. We conclude that the victim was not barred from litigating the issue, and we reverse.

On May 8, 1988, Stockton was driving a...

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