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WINDSOR INS. CO. v. JUDD

CC 92-7-183; CA A78403; SC S41775.

898 P.2d 761 (1995)

321 Or. 379

WINDSOR INSURANCE COMPANY, a Georgia corporation, Respondent on Review, v. Michael and Donna JUDD, individually, and as co-personal representatives of the Estate of Gordon O. Judd, Petitioners on Review.

Supreme Court of Oregon, In Banc.

Decided July 27, 1995.

Attorney(s) appearing for the Case

Thomas J. Rastetter, Oregon City, argued the cause and filed the petition for petitioners on review.

Michael C. Mitchell of Lehner, Mitchell, Rodrigues & Sears, Portland, argued the cause and filed the brief for respondent on review.

Charles Robinowitz, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

VAN HOOMISSEN, Justice.

In this declaratory judgment action, Michael and Donna Judd (defendants) appealed a summary judgment in favor of Windsor Insurance Company (Windsor), which declared that Windsor was not obligated to provide underinsurance coverage to them. The Court of Appeals affirmed. Windsor Ins. Co. v. Judd, 130 Or.App. 558, 882 P.2d 1135 (1994). For the reasons that follow,...

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