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PIERCE v. ALLSTATE INSURANCE CO.

90-1515-L-1; CA A67513.

829 P.2d 1032 (1992)

112 Or. App. 530

Linda Diane PIERCE, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Kelly L. Andersen, Central Point, argued the cause for appellant. With him on the brief was Richard & Andersen, P.C., Central Point.

Craig D. Bachman, Portland, argued the cause for respondent. With him on the brief was Lane, Powell, Spears, Lubersky, Portland.

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

EDMONDS, Judge.

Plaintiff brought this declaratory judgment action to determine her rights under ORS 742.5021 and an insurance policy issued by defendant to her as an insured. She appeals from a summary judgment for defendant. We reverse.

Plaintiff settled a claim against a tortfeasor for the tortfeasor's liability policy limits, which were less than her own bodily injury liability limits under defendant's policy. Defendant's policy...

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