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STATE FARM FIRE & CASUALTY CO. v. SALLAK

93C10229; CA A87069.

914 P.2d 697 (1996)

140 Or. App. 89

STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, Respondent, v. William F. SALLAK, Defendant, and William Sherburn, Appellant.

Court of Appeals of Oregon.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Anthony A. Allen, Salem, argued the cause for appellant. With him on the briefs was the Law Offices of Michael B. Dye.

J. Philip Parks, Salem, argued the cause for respondent. With him on the brief were J. Marie Bischman and Parks, Bauer, Sime & Winkler.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

State Farm Fire and Casualty Company (State Farm) brought this declaratory judgment action to establish that it had no obligation to defend or to indemnify its insured, Sallak, in a personal injury action commenced by appellant, Sherburn. The trial court granted State Farm's motion for summary judgment and entered a declaratory judgment. Because there is no dispute about the facts, we review to determine whether summary judgment is appropriate as a...

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