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LACY v. STATE ACCIDENT INSURANCE FUND, INC.

8912-07148; CA A65549.

832 P.2d 1268 (1992)

113 Or. App. 369

Michael LACY, Appellant, v. STATE ACCIDENT INSURANCE FUND, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided June 3, 1992.

Reconsideration Denied September 2, 1992.

Attorney(s) appearing for the Case

Michael L. Williams, Portland, argued the cause for appellant. With him on the brief was Williams, Troutwine & Bowersox, P.C., Portland.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

Plaintiff was seriously injured at work in 1978 while cleaning a rock crushing machine. SAIF, employer's carrier, paid his medical costs. In 1989, he commenced this action against SAIF for negligence, breach of fiduciary duty and breach of an insurance contract between it and his employer. The gravamen of the claims was that SAIF failed to advise him to retain counsel to pursue, or itself to pursue, a third-party product liability action against the...

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