WORLDWIDE UNDERWRITERS INS. CO. v. JACKSON

9101285CV; CA A73535.

855 P.2d 166 (1993)

121 Or. App. 292

WORLDWIDE UNDERWRITERS INSURANCE COMPANY, a foreign corporation, Respondent, v. Clarence JACKSON, Sr., Appellant.

Court of Appeals of Oregon.

Decided June 23, 1993.

Reconsideration Denied September 15, 1993.


Attorney(s) appearing for the Case

Jeffrey C. Wing, Eugene, argued the cause for appellant. With him on the briefs was Coons, Cole & Cary, Eugene.

Barbara M. DiIaconi, Klamath Falls, argued the cause for respondent. With her on the briefs was Boivin, Jones, Uerlings & DiIaconi, Klamath Falls.

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


DEITS, Judge.

Defendant was wounded by a gunshot fired from a passing motor vehicle. Neither the driver, the assailant nor the vehicle were identified or apprehended. Plaintiff, defendant's automobile insurer, brought this declaratory judgment action, contending that defendant's injury does not come within its coverage. Defendant contends that the injury comes under the uninsured motorist coverage of the policy, which insures defendant against injuries that "arise...

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