ANDERSON v. FIRST FARWEST LIFE INS. CO.

91 CV 10966; CA A79459.

890 P.2d 999 (1995)

133 Or.App. 212

Donald ANDERSON, Respondent, v. FIRST FARWEST LIFE INSURANCE CO., in liquidation, Defendant, and Oregon Life and Health Insurance Guaranty Association, Appellant.

Court of Appeals of Oregon.

Decided February 22, 1995.


Attorney(s) appearing for the Case

Patrick N. Rothwell, Portland, argued the cause for appellant. With him on the briefs was Hallmark, Keating & Abbott, P.C.

Michael W. Anderson, Gresham, argued the cause for respondent. With him on the brief was Freeman, Downing & Granath, P.C.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


LANDAU, Judge.

Plaintiff brought this action for breach of contract and for a declaration that defendant1 is obligated to provide insurance coverage under a policy issued by a now-insolvent insurance company. The parties filed cross-motions for summary judgment. The trial court granted plaintiff's motion, denied defendant's motion and entered judgment accordingly. Defendant appeals, and we reverse.

The facts are not in dispute...

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