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SURFACE v. AMERICAN SPIRIT INS. COS.

960907133; CA A98377.

962 P.2d 717 (1998)

154 Or. App. 696

Patricia SURFACE, Appellant, and James Surface, Plaintiff, v. AMERICAN SPIRIT INSURANCE COMPANIES/GREAT AMERICAN INSURANCE COMPANIES, Respondents.

Court of Appeals of Oregon.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Nancy F.A. Chapman, Portland, argued the cause and submitted the briefs for appellant.

Thomas S. Moore, Portland, argued the cause for respondents. With him on the brief was Stefan W. Farr.

Before DE MUNIZ, P.J., and HASELTON and LINDER, JJ.

LINDER, Judge.

This is a breach of contract action based on defendants' refusal to pay underinsured motorist coverage (UIM) to plaintiff,1 their insured. Plaintiff was injured in a car accident by the negligent act of a government employee. Her total damages exceeded her recovery from the government tortfeasor, as limited by the Oregon Tort Claims Act (OTCA).2 The trial court granted defendants' motion for...

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