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SAFECO INS. v. AMERICAN HARDWARE MUT. INS.

(97-4286-E1; CA A105111)

9 P.3d 749 (2000)

169 Or. App. 405

SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Appellant, v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, an Ohio corporation, Respondent.

Court of Appeals of Oregon.

Decided August 30, 2000.

Attorney(s) appearing for the Case

Garrison F. Turner, Ashland, argued the cause and filed the briefs for appellant.

Andrew C. Balyeat, Bend, argued the cause for respondent. With him on the brief was Merrill O'Sullivan, LLP.

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

EDMONDS, P.J.

Plaintiff appeals from a declaratory judgment, ORS 28.010, that awarded defendant summary judgment. ORCP 47. The judgment declares that a permissive user of a vehicle of defendant's insured was not "an insured" under defendant's insured's policy and that the policy did not violate Oregon's Financial Responsibility Law (FRL).1 We reverse.

For purposes of summary judgment, the following facts are not in dispute. Butler...

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