MUTUAL OF ENUMCLAW INS. CO. v. HEMSOTH

No. 16-94-00645; CA A85318.

896 P.2d 607 (1995)

134 Or. App. 611

MUTUAL OF ENUMCLAW INSURANCE COMPANY, a Washington corporation, Appellant, v. Scott A. HEMSOTH and Gail L. Hemsoth, individually and as Conservators for Katherine Alissa Hemsoth, a minor, Respondents.

Court of Appeals of Oregon.

Decided May 31, 1995.


Attorney(s) appearing for the Case

William G. Earle argued the cause, Portland, for appellant. With him on the briefs was Hallmark, Keating & Abbott, P.C.

Karsten H. Rasmussen argued the cause, Eugene, for respondents. With him on the brief was Rasmussen & Henry.

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


HASELTON, Judge.

Plaintiff Mutual of Enumclaw appeals from an adverse judgment in a declaratory judgment action pertaining to an insurance coverage dispute. The trial court determined, by summary judgment, that a child who had been placed with the defendant insureds for adoption, but who had not yet been adopted at the time of the accident, was not a "foster child" and, hence, not a "family member" excluded from defendants' automobile liability coverage. We reverse...

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