AMERICAN ECONOMY INSURANCE COMPANY v. HUGHES

9102-00911; CA A70353.

854 P.2d 500 (1993)

121 Or. App. 183

AMERICAN ECONOMY INSURANCE COMPANY, Respondent, v. Janice HUGHES and Robert Hughes, husband and wife, Respondents. and Peter J. Pacheco, Appellant.

Court of Appeals of Oregon.

Decided June 16, 1993.


Attorney(s) appearing for the Case

Timothy J. Vanagas, Gresham, argued the cause for appellant. With him on the brief was Jennings & Vanagas, Gresham.

Thomas M. Christ, Portland, argued the cause for respondent American Economy Ins. Co. With him on the brief was Mitchell, Lang & Smith, Portland.

No appearance for respondents Janice Hughes and Robert Hughes.

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


DURHAM, Judge.

Defendant Pacheco appeals from a summary judgment for American Economy Insurance Company (plaintiff). The trial court entered a declaratory judgment that plaintiff had no duty to defend or indemnify its insureds, Janice and Robert Hughes. The issue is whether Robert was using an automobile within the automobile use exclusion of the Hughes' homeowners insurance policy when, as a passenger, he interfered with Janice's operation of the vehicle. We affirm...

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