NORTH PACIFIC INS. CO. v. SWITZLER

9306-03899; CA A84345.

924 P.2d 839 (1996)

143 Or. App. 223

NORTH PACIFIC INSURANCE COMPANY, an Oregon corporation, Respondent, v. Cindy SWITZLER, in her representative capacity as Guardian Ad Litem for Keegan Kalama, a minor, Respondent, and Angelina DeLaTorre, conservator and guardian ad litem for Joaquin MacNeil, a minor; Andrea and Gilbert Kalama, conservators and guardians ad litem for Gilbert Kalama, Jr.; and Celeste Whitewolf, estate administrator for the Estate of Rupert Kalama, deceased, Appellants.

Court of Appeals of Oregon.

Decided August 28, 1996.


Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the briefs for appellants.

Thomas W. Brown, Portland, argued the cause for respondent North Pacific Insurance Company. With him on the brief was Cosgrave, Vergeer & Kester.

No appearance for respondent Cindy Switzler.

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


De MUNIZ, Judge.

Defendants appeal from a declaratory judgment in plaintiff's favor, ORS 28.010, challenging the trial court's subject matter and personal jurisdiction. We reverse.

Defendants are three Native American youths who were involved in a single-car accident on the Warm Springs Indian Reservation. Plaintiff is an insurance company that had issued a liability policy to the grandparents of the vehicle's driver. Defendants claimed that the driver was...

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