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LINDSEY v. FARMERS INS. CO.

(980930015L; CA A106293)

12 P.3d 571 (2000)

170 Or. App. 458

Tandra LINDSEY, Appellant, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided October 18, 2000.

Attorney(s) appearing for the Case

D. Scott Summer argued the cause for appellant. With him on the briefs was Troupis & Summer.

Stanley D. Austin, Bend, argued the cause for respondent. With him on the brief was Hurley, Lynch & Re, P.C.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

EDMONDS, P.J.

Plaintiff is defendant's insured under a motor vehicle insurance policy. She appeals from a judgment dismissing her action based on the uninsured motorist (UM) coverage provision of her policy, following defendant's motion for summary judgment. ORCP 47. She assigns error to the trial court's interpretation of ORS 742.504(12)(a)(D), which her policy incorporates. The trial court held that the statute requires that plaintiff must have both filed an action...

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