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WALLER v. AUTO-OWNERS INS. CO.

99-CV-0164-AB; A109303.

26 P.3d 845 (2001)

174 Or. App. 471

Jennifer WALLER, Appellant, v. AUTO-OWNERS INSURANCE COMPANY, a Michigan corporation, Respondent. Auto-Owners Insurance Company, a Michigan corporation, Counterclaim Plaintiff, v. Jennifer Waller, Counterclaim Defendant.

Court of Appeals of Oregon.

Decided June 6, 2001.

Attorney(s) appearing for the Case

Warren John West, Bend, argued the cause and filed the briefs for appellant.

Tamara E. MacLeod, Bend, argued the cause for respondent. With her on the brief were Ronald L. Roome, Bend, and Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLP.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

Plaintiff initiated this breach of contract action against defendant Auto-Owners, her parents' automobile insurance carrier, to recover underinsured motorist (UIM) benefits. The trial court granted defendant's motion for summary judgment, concluding as a matter of law that, because she was a resident of Oregon at the time of the accident, plaintiff was not covered under her parents' Florida insurance policies. Plaintiff appeals. Because we conclude that...

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