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CALIFORNIA CAS. INDEM. EXCHANGE v. MARITZEN

91-02-00923; CA A71056.

860 P.2d 259 (1993)

123 Or. App. 166

CALIFORNIA CASUALTY INDEMNITY EXCHANGE, a California corporation, Respondent, v. Patricia J. MARITZEN and Mark Mann, Appellants.

Court of Appeals of Oregon, In Banc.

Resubmitted July 14, 1993.

Decided September 15, 1993.

Reconsideration Denied November 10, 1993.

Attorney(s) appearing for the Case

Dean M. Richards, Portland, argued the cause and filed the briefs for appellants.

Donald E. Templeton, Portland, argued the cause for respondent. With him on the brief were G. Kenneth Shiroishi and Dunn, Carney, Allen, Higgins & Tongue, Portland.

Robert K. Udziela, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, and Henry J. Kaplan and Bennett & Hartman, Portland, filed a brief amicus curiae for Oregon Trial Lawyers' Ass'n.

Resubmitted In Banc July 14, 1993.

EDMONDS, Judge.

Defendants appeal from a judgment arising out of a controversy submitted under ORCP 66 which held that plaintiff is not required to pay them uninsured motorists (UM) benefits for damages sustained in a motor vehicle accident in addition to that which has been paid. ORS 29.010 et seq. We review for errors of law and affirm.

The parties entered into the...

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