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GODDARD v. FARMERS INS. CO. OF OREGON

(90-05-03204; CA A106027)

22 P.3d 1224 (2001)

173 Or. App. 633

Margie A. GODDARD, as Personal Representative for the ESTATE OF Marc E. GODDARD, Deceased, Appellant, v. FARMERS INSURANCE COMPANY OF OREGON, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided April 25, 2001.

Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause for appellant. With her on the briefs were Kathryn H. Clarke, Portland, and William A. Barton, Newport.

Thomas H. Tongue, Portland, argued the cause for respondent. With him on the brief were Dunn Carney Allen Higgins & Tongue, Angela M. Stewart, Portland, and Abbott, Davis, Rothwell, Mullin & Earle, P.C.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and LIPSCOMB, Judge pro tempore.

LIPSCOMB, J. pro tempore.

This is an action for damages against Farmers Insurance Company (Farmers) resulting from an excess judgment against its insured in a wrongful death case. Plaintiff is the assignee of the claims of the original tortfeasor, Munson, who was Farmers' insured. Plaintiff appeals the allowance of summary judgment in favor of Farmers by the Multnomah County Circuit Court. We reverse and remand.

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