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TO v. STATE FARM MUT. INS.

CC 9012-08224; CA A72878; SC S40747.

873 P.2d 1072 (1994)

319 Or. 93

Kiem TO and Chuc Nguyen, Respondents on Review, and Cung Nguyen, Plaintiff, v. STATE FARM MUTUAL INSURANCE, a foreign corporation, Petitioner on Review, and John Doe, an uninsured motorist, Defendant.

Supreme Court of Oregon, In Banc.

Decided May 26, 1994.

Attorney(s) appearing for the Case

Billy M. Sime, of Parks, Bauer & Sime, Salem, argued the cause and filed the petition for petitioner on review. With him on the petition was J. Philip Parks.

Michael H. Bloom, Portland, argued the cause and filed the response for respondents on review.

GILLETTE, Justice.

This declaratory judgment action involves the statutorily required uninsured motorist coverage provided in a motor vehicle liability policy issued by defendant State Farm Mutual Insurance. Three persons asserted claims under that coverage for injuries sustained in an accident allegedly caused by a "phantom vehicle." After defendant denied coverage because of the lack of evidence corroborating the claimants' version of the accident, one of the claimants...

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