VEGA v. FARMERS INS. CO.

CC 93C-12442; CA A84679; SC S42362.

918 P.2d 95 (1996)

323 Or. 291

Mary Ruth VEGA and Millard Vega, Respondents on Review, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided June 13, 1996.


Attorney(s) appearing for the Case

Keith J. Bauer, of Parks, Bauer, Sime & Winkler, Salem, argued the cause for petitioner on review. With him on the brief was Billy M. Sime.

Willard E. Merkel, of Popick & Merkel, Portland, argued the cause and filed the brief for respondents on review.

Joel S. DeVore, of Luvaas, Cobb, Richards & Fraser, P.C., Eugene, filed a brief for amici curiae Guaranty National Insurance Company, Valley Insurance Company, and Allstate Insurance Company. With him on the brief was Thomas W. Brown, of Cosgrave, Vergeer & Kester, Portland, for amicus curiae State Farm Mutual Automobile Insurance Company.


GILLETTE, Justice.

In this declaratory judgment action, plaintiffs, two insurance policyholders, obtained a circuit court judgment declaring that they were entitled to underinsured motorist benefits under an automobile insurance policy issued by defendant, their insurer. Defendant appealed, arguing, first, that the action was time-barred and, second, that, because plaintiffs had failed to comply with certain conditions of coverage set out in the policy, they were...

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