ESTATE OF SERANG v. AM. STATES INS.

92-CV1099; CA A78512.

873 P.2d 367 (1994)

127 Or. App. 405

The ESTATE OF Salma S. SERANG, Through its Personal Representative Lauree MILKOVICH, Respondent, v. AMERICAN STATES INSURANCE COMPANY, an insurance corporation registered within the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided April 20, 1994.


Attorney(s) appearing for the Case

Lisa M. Shickich, Eugene, argued the cause for appellant. With her on the briefs was Arnold, Gallagher, Saydack, Percell & Roberts.

D. Ronald Gerber, Florence, filed the brief for respondent.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


RIGGS, Judge.

Plaintiff, an estate, brought an action against defendant, an insurance company, to compel arbitration of an uninsured motorist claim. Both parties moved for summary judgment. The trial court granted plaintiff's motion and entered a judgment requiring arbitration. Defendant appeals, assigning error to the granting of plaintiff's motion for summary judgment and to the denial of its motion. We reverse.

The facts are undisputed. A phantom vehicle...

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