FOX v. COUNTY MUTUAL INS. CO.

CC 92CV1057, 93CV1076; CA A81951 (Control) A83125; SC S42097.

964 P.2d 997 (1998)

327 Or. 500

Steve FOX, Representative of the Estate of William Daryl Fox, Deceased, Petitioner on Review, v. COUNTY MUTUAL INSURANCE CO. and Northwest Farm Bureau Insurance Company, Respondents on Review.

Supreme Court of Oregon.

Decided September 11, 1998.


Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, of Leiberan & Gazeley, Portland, argued the cause for Petitioner on review. With her on the petition and brief was Manuel C. Hernandez, Bandon.

Bernard S. Moore, Medford, argued the cause and filed the response and brief for Respondents on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN and DURHAM, JJ.


DURHAM, Justice.

These consolidated actions arise from an automobile collision that resulted in the death of William Fox (Fox). Plaintiff, who is the personal representative of Fox's estate, asserts that defendants are obligated to pay benefits to the estate under the uninsured and underinsured motorist (UM) coverage in defendants' automobile insurance policy.1 The Court of Appeals held that defendants had no such obligation, because the...

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