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WRIGHT v. STATE FARM MUT. AUTO. INS. CO.

(CC 16-96-05691; CA A95110; SC S45288)

22 P.3d 744 (2001)

332 Or. 1

Robert Gary WRIGHT, Shari Lea Wright, and James R. Strickland, Personal Representative of the Estate of Geoffery Eric Wright, Deceased, Petitioners on Review, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and State Farm Fire and Casualty Company, Respondents on Review.

Supreme Court of Oregon.

Decided April 19, 2001.

Attorney(s) appearing for the Case

Anthony A. Allen, Salem, argued the cause and filed the brief for petitioners on review. With him on the brief was J. Michael Starr, Eugene.

William G. Wheatley, Eugene, argued the cause and filed the brief for respondents on review. With him on the brief were Kathryn S. Chase and Jaqua & Wheatley, P.C., Eugene.

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.

This is an action against an insurer on a claim for damages incurred in connection with a fatal automobile accident. Plaintiffs are Robert and Shari Wright (the insureds), whose son died in the accident, and James R. Strickland, the personal representative of the son's estate. Notwithstanding higher limits stated both in the insureds' motor vehicle liability policy and their umbrella policy, the insurer, State Farm,1 refused...

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