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MARCILIONIS v. FARMERS INS. CO.

CC 9201-00516; CA A75156; SC S40422.

871 P.2d 470 (1994)

318 Or. 640

Jeffrey A. MARCILIONIS, Respondent on Review, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted April 13, 1994.

Decided April 21, 1994.

Attorney(s) appearing for the Case

John M. Eickelberg, Cavanagh & Zipse, Portland, argued the cause and filed the petition for petitioner on review.

Timothy J. Vanagas, Gresham, argued the cause for respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, and UNIS, JJ.

UNIS, Justice.

The issue in this declaratory judgment action is whether plaintiff was "occupying" his uncle's car when he was struck and injured by an uninsured car. If so, he is entitled to uninsured motorist coverage as an "insured person" under the terms of his uncle's car insurance policy issued by defendant Farmers Insurance Company (Farmers). We hold that plaintiff was not "occupying" his uncle's car and, therefore, is not an insured person entitled to uninsured...

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