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DASTEUR v. AMERICAN ECONOMY INS. CO.

91-6-131; CA A77745.

874 P.2d 85 (1994)

127 Or. App. 686

Feroz DASTEUR, Respondent, v. AMERICAN ECONOMY INSURANCE CO., an Indiana corporation, Appellant.

Court of Appeals of Oregon.

Decided May 4, 1994.

Attorney(s) appearing for the Case

Cathy E. Smith, Portland, argued the cause for appellant. With her on the briefs was Underwood, Norwood & Hiefield.

Ben C. Fetherston, Jr., Salem, argued the cause for respondent. With him on the brief were Clark, Lindauer, McClinton, Fetherston & Edmonds, Salem, Glazer & Associates, P.C. and Peter Glazer, Lake Oswego.

Before EDMONDS, P.J., RICHARDSON, C.J., and LANDAU, J.

EDMONDS, Presiding Judge.

Defendant appeals from a declaratory judgment granted in plaintiff's favor, which declared that "defendant's insurance policy issued to plaintiff provides underinsured motorist coverage for the damages, including non-economic damages, caused by the wrongful death of plaintiff's son." ORS chapter 28. The judgment also requires that the amount of damages to be recovered be determined by binding arbitration. We reverse.

Plaintiff, a...

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