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TO v. STATE FARM MUTUAL INS.

9012-08224; CA A72878.

860 P.2d 294 (1993)

123 Or. App. 404

Kiem TO and Chuc Nguyen, Appellants, and Cung Nguyen, Plaintiff, v. STATE FARM MUTUAL INSURANCE, a foreign corporation, Respondent, and John Doe, an uninsured motorist, Defendant.

Court of Appeals of Oregon.

Decided September 29, 1993.

Attorney(s) appearing for the Case

Michael H. Bloom, Portland, argued the cause and filed the briefs for appellants.

J. Philip Parks, Salem, argued the cause for respondent. With him on the brief were Billy M. Sime and Parks, Bauer & Sime, Salem.

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

LANDAU, Judge.

This is a "phantom vehicle" case, in which plaintiffs Kiem To and Chuc Nguyen are attempting to recover under an uninsured motorist provision of their automobile insurance policy for injuries resulting from an accident that they allege was caused by an unidentified vehicle. At issue is the proper construction of a clause in plaintiffs' policy, which is based on ORS 742.504(2)(g), providing that the facts of phantom vehicle accidents must be corroborated...

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