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NORTH PACIFIC INS. CO. v. HAMILTON

(CC 95-CV-0461-AB; CA A94301; SC S45393, S45493)

22 P.3d 739 (2001)

332 Or. 20

NORTH PACIFIC INSURANCE CO., Respondent on Review/Petitioner on Review, v. Donald J. HAMILTON and Bonnie J. Hamilton, husband and wife, Petitioners on Review/Respondents on Review.

Supreme Court of Oregon.

Decided April 19, 2001.

Attorney(s) appearing for the Case

Bruce J. Brothers, of Brothers & Ash, Bend, argued the cause and filed the brief for petitioners on review/respondents on review.

Stephen E. Lawrence, Portland, argued the cause and filed the brief for respondent on review/petitioner on review.

Phil Goldsmith, Portland, and David Nathan Allen, of MacPherson, Gintner, Gordon & Diaz, Newport, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, KULONGOSKI, LEESON, and RIGGS, Justices.

GILLETTE, J.

The issue in this insurance coverage case is whether a provision in the exclusions section of a motor vehicle liability policy operates to reduce liability coverage for an injured insured below the limit provided on the declarations page of the policy. The trial court ruled that the insurance company was liable only for the reduced coverage limits, and the Court of Appeals affirmed that ruling. North Pacific Ins. Co. v. Hamilton,

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