LIND v. ALLSTATE INS. CO.

9312-08151; CA A83422.

895 P.2d 327 (1995)

134 Or. App. 395

Peggy LIND, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Court of Appeals of Oregon.

Decided May 17, 1995.


Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause for appellant. With him on the briefs were Jerry S. Eden and Bullivant, Houser, Bailey, Pendergrass & Hoffman.

James N. Esterkin, Portland, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


HASELTON, Judge.

Defendant appeals from a judgment enforcing a $72,000 arbitration award in favor of plaintiff under the uninsured motorist (UM) coverage of her automobile insurance policy issued by defendant. Defendant argues that, under the express terms of the insurance contract and Article I, section 17, of the Oregon Constitution, it was entitled to a jury trial on plaintiff's claim. We reverse and remand.

Plaintiff's insurance policy provided $100,000...

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