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AUSTIN MUTUAL INS. CO. v. McMANNAMY

Nos. 94-10-06962; CA A89426.

929 P.2d 1081 (1996)

145 Or. App. 437

AUSTIN MUTUAL INSURANCE COMPANY, a foreign corporation, Respondent, v. Allen McMANNAMY, Robert McMannamy and Richard Svatos, Defendants, and Dennis LaRose, Defendant-Appellant. Dennis LaROSE, Third-Party Plaintiff-Appellant, v. Dick SVATOS, dba Dick Svatos Insurance, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 24, 1996.

Review Denied March 4, 1997.

Attorney(s) appearing for the Case

Richard L. Lonergan argued the cause for appellant. With him on the brief was Clint A. Lonergan, Portland.

Carl Amala argued the cause for respondent. With him on the brief was J.P. Harris, II, P.C., Salem.

Lisa E. Lear argued the cause for third-party respondent. With her on the brief were S. Joel Wilson and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

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

LEESON, Judge.

In this declaratory judgment action, defendant LaRose appeals from a summary judgment granted to plaintiff Austin Mutual Insurance Company (AMI). ORS 19.010(1), (2)(e). The trial court ruled that a default taken by AMI's insured, McMannamy, precludes LaRose from litigating the effective date of McMannamy's homeowner's insurance coverage.1 We reverse and remand.

We view the facts in the manner most favorable to LaRose...

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